DR. SHARDA SAHAY Vs. THE STATE OF BIHAR AND ORS

JUDGEMENT

(1.) This application by Dr. Sharda Sahay under Art. 226 of the Constitution of India is for quashing of the order of the Government of Bihar (respondent No. 1) dated 17-8-1974 (Annexure-1) promoting Dr. Jagdishwari Misbra, (respondent No. 3) to the post of lecturer in Obstetrics be and Gynaecology in the Patna Medical College Hospital, Patna, in Supersession of the claims to such promotion of the petitioner, for modifying the order dated 28-8-1974 (Annexure 2) whereby the petitioner was wrongly appointed to the lower post of tutor in the said Patna Medical College Hospital (hereinafter to be referred to as 'the said College'), instead of promoting her to the post of lecturer in Obstetrics and Gynaecology in the said college, as also for quashing of the State Government's decision communicated vide memo dated 7-9-1973 (Annexure-11), by which it was decided that only those doctors on supernumerary duty (hereinafter referred to a "supy duty" for the sake of brevity), who had been given teaching experience by the State Government before the 24th Nov., 1971, would continue to have that benefit and that no further orders would be passed giving teaching experience to any other doctors It has also been prayed that a further writ in the nature of a writ of mandamus directing respondent No. 1 to fill up the post of lecturer in Obstetrics and Gynaecology in the aforesaid College by promoting the petitioner to the said post, after passing orders recognising the actual teaching experience claimed by her, and also after reducing the teaching experience of respondent No. 3 to the extent it has been wrongly recognised, may be issued.

(2.) In order to appreciate the points involved it will be necessary to briefly slate the material facts as stated by the petitioner in her writ application. The petitioner passed the M. B. B. S. Examination in the year 1955, and had a brilliant academic career. She was a prosecutor in anatomy in 1450-52, a first class assistant in pathology in 1952-54, a first class assistant in surgery in 1952-55 and obtained honours in pathology in the year 1954. After passing M.B B.S. Examination she was appointed as a Civil Assistant Surgeon, and during Sept., 1956 to April, 1961. the petitioner worked in the Sadar Hospital Motihari, Sub-Divisional Hospital Dinapore and Sub-Divisional Hospital, Patna City. She received merit scholarships throughout her career from matriculation to M B B S. stage, and passed master in surgery examination in Gynaecology within three years of her graduation, that is, in 1958, in the first attempt. The petitioner was appointed as a Resident Surgical Officer (hereinafter referred to as R. S. O. for the sake of brevity) (a junior teaching post) after having been selected for this post on competitive basis, in accordance with the criteria laid down by the Government for the same, in April, 1961, and worked on the said post till May, 1964, when the petitioner went abroad to the United Kingdom for further studies and remained there till July, 1965, for a total period of one year three months. The petitioner obtained M.R.C.O.G. within eight months only.

(3.) The case of the petitioner further is that during her stay in United Kingdom, she was associated with teaching of the subject of Obstetrics and Gynaecology in different teaching hospitals there. Further, she was posted to the teaching post of Registrar of the said College and she was assigned teaching duties carried by the said post while she was in the said College. In July, 1965, the petitioner, in view of her teaching experience and brilliant academic career, was posted again on supy duty in the Department of Obstetrics and Gynaecology of the said College, and she was assigned regular teaching duty while she was so posted. She was included in the under graduate teaching programme of the Department and she continued to go regular teaching work for a further period of four years three months, that is, from July, 1965, to Sept., 1969. A copy of the certificate granted by Dr. S N. Upadhyaya, the then Director-Professor of the Department of Obstetrics and Gynaecology of the said College, has been annexed as Annexure '3' to the writ petition. The petitioner was selected for appointment as Registrar, Obstetrics and Gynaecology, which is a a junior teaching post, on the basis of competition, and was appointed thereon in Oct., 1969, and continued there till Dec., 1972, that is, for 3 years 3 months. Thereafter the petitioner was again posted on 'supy duty' in the same Department, until she was arbitrarily appointed a tutor in that Department in Aug., 1974 (vide Annexure 2), instead of being appointed as a lecturer in Obstetrics and Gynaecology, which she was entitled to. She, however, joined the said post, without prejudice to her right to claim her promotion as lecturer.