N.N.TIWARI, J. - (1.) THE petitioner has challenged the clause by which the approval of the appointment of the petitioner is said to have been refused. The said clause is contained in Annexure -5 under the heading of "Agenda No. 3" of the 9th Meeting. The relevant portion of the said clause is reproduced herein below: The Governing body decided that those who are in State Government service should submit their NOC for their recruitment and if selected for appointment they will be allowed to Join only after relieving from previous post. Those serving in the other two State Medical Colleges i.e. MGM. Jamshedpur and PMCH, Dhanbad will not be considered in case they are posted or working on same nature of post as that will jeopardise the recognition of those colleges by the Medical Council of India. The recommendations of the Selection Committee was approved with these observations. The Governing body delegated to the Director to act upon the recommendations of the Selection Committee as per the aforesaid observations and issue appointment letters. The Director was asked to follow the same procedure for the Selection Committee recommendations to be made in all the department of Rajendra Institute of Medical Sciences, Ranchi i.e. Anatomy, Physiology, Biochemistry, Pathology, Microbiology, Pharmacology, Forensic Medicine, PSM Medicine, peadiatrics Skin and S.T.D. Survey, peadiatrics Surgery, Orthopaedics, Neurosurgery Obst. and Gynaecology, Dentistry, Eye, ENT, Anesthesiology and Radiology.
(2.) ON perusal of the said clause, it is evident that the respondent have put an embargo on the liberty of the petitioner to Choose the College of his choice for his appointment after his selection in due process. Putting such restriction violates the Article 14 and 19 of the Constitution of India and the same is wholly perverse and unsustainable. Learned counsel appearing on be -half of the respondents tried to justify the said clause, but ultimately could not meet the point raised by the petitioner.
(3.) ON perusal of the said clause, I find that the respondents have put restriction on the petitioners liberty guaranteed by the Constitution of India. Every citizen of India has got liberty to choose the place of working, profession, occupation and college, if he deserves for the same without any restriction. In that view, I find sub -stance in the contention of learned councel for the petitioner that the said clause is unsustainable. The said clause is thus, hereby, quashed. This writ petition is al -lowed. The respondents are directed to consider the petitioners candidature afresh and pass appropriate order within a period of two weeks from the date of receipt/production of a copy of this order. I.A. No. 1817/2006;