- (1.) The petitioner has approached this Court with the following prayers:-- For Issuance of appropriate writ/order/direction for quashing the notification as contained in memo No. 139(2), dated 31.5.2004 as corrected vide notification No. 157(2), dated 16.6.2004 issued by Health Department and Family Welfare Department, Government of Jharkhand, whereby and whereunder the respondent No. 6 has been promoted from the post of Medical Officer to the post of Senior Resident/Lecturer with effect from 1.5.2004; and for further issuance of writ/order/direction, directing the concerned respondents-authorities to make appointment of Senior Resident/Lecturer in the Department of Gynecology from the panel prepared pursuant to advertisement No. PR/1915 (Health-70) 04-05, dated 30.9.04 as corrected being P.R. No. 2232 (Health-84)/04-05 considering the case of the petitioner and also for issuance of any other appropriate writ/order/direction. The brief facts of the case are that, the petitioner was appointed as Medical Officer on 10.6.1997 whereas, respondent No. 6 was appointed as Medical Officer on 7.11.1990. The petitioner was transferred to the Additional Primary Health Centre, Ghorabandha on 30th June, 1998 and then she was transferred to M.G.M. Medical College & Hospital, Jamshedpur on 24.9.2003. The respondent No. 6 was transferred to Sub-Divisional Hospital, Seraikella on 30th November, 2000 and then she was transferred to M.G.M. Medical College & Hospital, Jamshedpur on 1.3.2003. The respondent No. 6 was posted as Assistant Professor on 8.4.2003. It is stated that respondent No. 6 was granted regular promotion on the post of Senior Resident w.e.f. 1.5.2004. An advertisement was issued on 30th September, 2004 and applications were invited for the appointment on the post of Senior Resident, Tutor, Assistant Professor etc. It is the case of the petitioner that there were seven vacancies and her name finds place at serial No. 9 in the panel, however instead of appointing her, the respondent No. 6 was appointed.
(2.) A counter-affidavit has been filed on behalf of State (respondent No. 2) in which it has been stated:-- 17. That, with regard to the statements made in paragraph-14 of the writ application, it is stated and submitted that the respondent No. 6 was posted to the post of Sr. Resident much before the start of this selection process and she was initially posted as Assistant Professor and subsequently on detection of the fact that she was not eligible for the said post, she was posted against lower post of Sr. Resident w.e.f. 1.5.2004 which was vacant and for which she was eligible and qualified.
(3.) A counter-affidavit has also been filed on behalf of respondent No. 6 justifying her appointment on the post of Senior Resident.;