S.J.MUKHOPADHAYA, J. - (1.) THE petitioner has challenged the gradation list circulated vide letter No. 1/Health -1 -41/ 2001, 42(1)/ Health dated 10th January, 2002, whereby and whereunder, the 4th respondent, Dr. Yogendra Nath has been shown senior to petitioner, Dr. Tulsi Mahto, as Associate Professor, Forensic Medicines. Further prayer has been made to set aside the notification dated 19th April, 1988 whereby the 4th respondent was appointed as Assistant Professor, Forensic Medicines.
(2.) THE claim of the petitioner for seniority over the 4th respondent is mainly dependent on the issue whether the appointment of the 4th respondent as Assistant Professor made on 19th April, 1988 was legal or not. The main plea taken by the petitioner is that the 4th respondent had no three years teaching experience as a Tutor for appointment to the post of Assistant Professor as made in the year 1988.
(3.) THE respondents have defended the appointment of the 4th respondent as Assistant Professor which was made in pursuance of an Advertisement dated 12th September, 1988.;