- (1.) HEARD the parties and with their consent this writ petition is being disposed of at this stage itself.
(2.) THE petitioner, who is presently posted as Medical Officer, Primary Health Centre, Kuru, Lohardaga, had filed a writ petition before this Court earlier being CWJC No. 4247/2000 praying therein for direction to the respondents to appoint him on a teaching cadre post in any medical college in the State of Jharkhand in view of the fact that he was appointed as Resident Medical Officer in Department of Pediatrics in Patna Medical College Hospital in the year 1994 and as per the new Rule which came into force in 1997 he was entitled to be posted in Teaching post only since he opted for Teaching Cadre in terms of the new Rule of 1997. The said writ petition was disposed of noticing the fact that it was not clear as to whether the petitioner was appointed on a teaching post in accordance with the process of appointment. The writ court was of the view that the question raised by the petitioner should be decided firstly by the Secretary, Department of Health and Medical Services and accordingly, the petitioner was directed to file a representation before the Secretary, Department of Health and Medical Services and the Secretary was directed to dispose of the representation of petitioner in accordance with law. Thereafter, the petitioner filed his representation. When the representation was not being disposed of and similarly situated persons were being considered for appointment on the teaching post, the petitioner filed the present writ petition praying for direction to the respondents to treat him as a Lecturer on a teaching post. The petitioner alleges that the representation filed by him as per the direction of this Court is not being disposed of.
(3.) A counter affidavit has been filed on behalf of Respondent No. 2, wherein it has been stated that the Secretary, Department of Health and Medical Education, Government of Jharkhand has passed a reasoned order on 25.4.2006 contained in Annexure -A to the counter affidavit rejecting the claim of the petitioner mainly on the ground that when the new rule came into force the petitioner was posted in Patna Medical College Hospital at Patna and Government of Jharkhand has no paper to show that the petitioner was, in fact, had exercised option for the teaching post and that the matter relates to the State of Bihar therefore, the Government of Bihar is competent to pass appropriate order in this regard.;