AMARESHWAR SAHAY, J. - (1.) IN the present writ petition the petitioner has prayed for declaring Section 14 (v) of Rajendra Institute of Medical Sciences Act, 2002 read with Rule 19 of Rajendra Institute of Medical Sciences Rules to be ultravires and violative of Articles 14 and 16 of the Constitution of India and also for quashing the notification dated 08/01/2005 contained in Annexure -7 to the writ application, notifying the absorption of the services of those employees, who were already working in Rajendra Medical College 8b Hospital (herein after called as RMCH for the sake of convenience) on the basis of their option. Further prayer of the petitioner in the writ petition is for giving direction to the respondents to give opportunity to all the members of the State Health, Medical Education Department cadre for absorption of the services in Rajendra Institute of Medical Sciences (herein after referred as RIMS in short for convenience).
(2.) THE petitioner is presently posted as Assistant Professor in the Department of Eye, in M.G.M. Medical College Hospital, Jamshedpur and his wife Smt. Lalita Xhess is posted in RIMS at Ranchi as Medical Officer Clinical Pathology. The State of Jharkhand by enacting RIMS Act, 2002, converted Rajendra Medical College and Hospital at Ranchi popularly known as RMCH in short into Rajendra Institute of Medical Sciences in short RIMS.
(3.) SECTION 14 (v) of the RIMS Act provides that the Institute will utilize the services of the Officers and employees of nursing college and nursing school as also the services of the employees of Rajendra Medical College Hospital, Ranchi (RMCH) because before the merger or conversion of RMCH into RIMS, those employees were a part of the workforce of RMCH and the employees of the Institute will continue to have the status of civil public service under the Government of Jharkhand till as per the rules they opt for their absorption of services in the Institute within a time frame.;