- (1.) THIS writ petition has been preferred for issuance of an appropriate writ, order or direction for quashing a letter under memo No. 3889 dated 12.6.2007 (Annexure -9) whereby and whereunder the services of the petitioner sought to have been terminated with effect from 30th March 2007 and he further pray for continuance of the petitioner in his service with all consequential benefits.
(2.) THE advertisement was published on 15.02.2006 for different post in the R.I.M.S, Ranchi. In the instant case the matter relates to the post of Senior Resident in the department of Nephrology. As per the advertisement it is indicated as under: "Senior Resident: Post Graduate Degree in the subject. This is the tenure post for three years only . The petitioner has submitted at paragraph 8 and 9 of the writ petition which is quoted as under: "8/ That the educational eligibility clause amongst others for the post of Senior Resident has been detailed in the said advertisement. According to the said advertisement, a candidate seeking appointment on the post of Senior Resident should have Post Graduate Degree in the subject. 9/ That it would be relevant to mention here that a Proposed Senior Residency Scheme in Ranjendra Institute of Medical Sciences, Ranchi was evolved incumbent should have qualification of Post Graduate Degree or Diploma in the concerned speciality and in case the candidate with PG Degree/ Diploma are not available then candidates without PG may be considered . Thus he has not disputed the fact with regard to recruitment of Post Graduate but alternative plea has been made that there was non -availability of postgraduate candidate and thus he was selected and entitled to continue on the said post. In the impugned letter dated 12.6.2007 which is annexed at annexure -9 page 25, wherein it has been stated that since the petitioner did not submit postgraduate degree certificate in Nephrology therefore his services was terminated with effect from 30.3.2007. The respondents in their counter affidavit at paragraph -4 have specifically stated that there were candidates available who have completed postgraduate course and were awaiting their final result and only such candidates were allowed for interview. It has further been stated that the panel was prepared in anticipation of opening a faculty of Nephrology in the RIMS and thereafter again requested vide office letter No. 1669 dated 30.3.2007 to submit his postgraduate degree for DNB Nephrology but he did not submit the same.
(3.) THE main contention raised by the counsel for the petitioner is that there is no one in the panel who have postgraduate degree even though it was required in the department of Nephrology. He further raised the contention that this requirement is even otherwise not sustainable for the reason that in the other medical college the same is not mandatory. Be that as it may, the fact remains that advertisement contemplated so and he applied against the advertisement challenging the contention stipulated therein and thus this plea cannot be taken at this stage unless he challenged the clause in the advertisement specifying the postgraduate.;