M.Y.EQBAL, J. - (1.) THIS application was preferred by petitioner for direction on the respondents to treat the petitioner as lecturer, Mahatma Gandhi Memorial Medical College and Hospital (M.G.M. Medical College and Hospital for short), Jamshedpur. He also challenged the order contained in Memo No. 376 (2) dated 30.6.1998 whereby and whereunder, the petitioner was transferred and posted as Medical Officer, Primary Health Centre, Pat -made, East Singhbhum.
(2.) THE case of the petitioner is that he was appointed as Civil Assistant Surgeon vide Notification No. 1686/88 dated 26.3.1988 on the recommendation of the Bihar Public Service Commission. Subsequently, he obtained Master Degree (M.S.) in surgery in August, 1988 and become eligible for appointment against junior teaching post. After due advertisement and selection, the petitioner was appointed by transfer as resident Ophthal - mology vide Memo No. 504 (16) dated 22.8.1991. Even after completion of tenure was allowed to continue against the said post till the order contained in Memo No. 560 dated 30.4.1998 was Issued by the Superintendent. M.G.M. Medical College and Hospital, Jamshedpur. The case of the petitioner is that in view of the provision made under "Bihar Medical Teaching Service Cadre Rules, 1997", as the petitioner was holding a teaching post as on 21.5.1997, the late rule came into effect, the petitioner should be construed to have been taken in services of the State in the teaching cadre by operation of law.
(3.) IT appears that there was a common cadre of doctors in the Bihar Health Services. The teaching posts were available in different Medical Colleges of the State of Bihar. The posts of resident/resident Medical Officer/resident Surgical Officer/Registrar were teaching tenure posts against which a person could have been posted for three years. The next higher post of the Assistant Professor, Associate Professor and Professor which were non -tenure teaching posts.;