S.J.MUKHOPADHAYA, J. - (1.) THE petitioners who are Resident Surgical Officer (R.S.O.)/or Resident Medical Officer (R.M.O.) -now known as Tutor" - -have challenged the advertisement published by Government of Jharkhand from Health, Medical Education and Family Welfare Department on 14th January. 2002 in the newspaper "Hindustan Times", Ranchi, whereby and where under, applications have been called for posting against the posts of Assistant Professors (Clinical subject) in different Medical Colleges of the State of Jharkhand.
(2.) THE only ground taken by the petitioners is that the posts of Assistant Professors cannot be filled up from amongst non -eligible candidates like Medical Officers/ Civil Assistant Surgeons i.e. those who are not in the teaching cadre, the same being against the rule framed under proviso to Article 309 ot the Constitution of India, commonly known as "Bihar (now Jharkhand) Medical Education Service Cadre and its Cadre Post Appointment Rules. 1997" - -1997 Rules for short. In the counter affidavit, the stand taken by the respondents is that the advertisement was issued to fill up the posts of Assistant Professors (Clinical Subject) from those doctors who are working as Medical Officers in "Jharkhand Health Service" and are willing to join "Jharkhand Medical Education Service" on working arrangement basis. In the advertisement, if has been mentioned that those doctors who have requisite Post Graduate Degree with three years teaching experience as Registrar/Resident Medical Officer of Anesthesia can only apply as per MCI, Regulations 1998.
(3.) IT has not been disputed that the "Health Services of the State" was bifurcated and "Medical Education Service" was created by rule framed under proviso to Article 309, which was published in the Gazette vide Notification dated 21st May. 1997. Under the said rule of 1997. the post of Resident Doctors (RM.O./R.S.O./Registrar) who are clubbed together were provided with fresh nomenclature of "Tutor".;