RAMESH KUMAR MERATHIA,J. - (1.) AS per the last order, heard the parties, for disposal of this writ petition at this stage.
(2.) PETITIONER filed this writ petition challenging the notification contained in Memo No. 149 (1) dated 10.9.2003 (Annexure 8) issued by respondent No. 3, complaining that respondent No. 4 being junior to him was posted as Acting Principal of Mahatma Gandhi Memorial Medical College, Jamshedpur (for short 'M.G.M. Medical College, Jamshedpur') ignoring the length of service and seniority of the petitioner; and for a direction to respondents No. 1 to 3 to consider and grant promotion to the petitioner in the higher post of Professor and Principal from the date of eligibility with all consequential benefits. In view of the order I propose to pass, it is not necessary to go into the said dispute/claim raised by the petitioner. Mr. A.K. Sinha, appearing for the intervener Dr. Sriram Pratap Sinha submitted as follows. The writ petitioner filed I.A. No. 2377 of 2006 for restraining the respondents from proceeding pursuant to the interview held on 5/6.7.2006 and due to the order of status quo dated 29.9.2006, the respondents have stayed their hands for Patliputra Medical College, Dhanbad also, though the dispute in the writ petition was regarding M.G.M. College, Jamshedpur only. As per the order passed by this Court in C.W.J.C. No. 420 of 2001, the Health Department proceeded to fill up the posts of Principal and Superintendent at Patliputra Medical College, Dhanbad and M.G.M. Medical College, Jamshedpur in regular manner. As per the Bihar Medical Services Cadre Post and Recruitment Rules, 1997 (for short 'the Rules') seniority -cum -merit -cum -efficiency is the criteria for filling up the said posts. As per the said Rules, such posts are to be filled up by selection and not by promotion. A Selection Committee was constituted before which the petitioner, respondent No. 4, the intervenors - -Dr. Sriram Pratap Sinha and Dr. Kameshwar Biswas, all appeared, but after the Selection Committee made its recommendation, the petitioner filed the said I.A. No. 2377 of 2006. He lastly submitted that the Government may take decision independently on such recommendations and the parties are always at liberty to challenge the final decision of the Government.
(3.) MR . V.P Singh, appearing for the petitioner, submitted that the selection process is bad as the Secretary, Department of Health, who was the Chairman of the Selection Committee, did not take part in the selection process.;