DR. KATYANI KUMAR SINHA Vs. THE STATE OF BIHAR & OTHERS

JUDGEMENT

(1.) This application by Dr, Katyani Kumar Sinha under Art. 226 of the Constitution of India is directed against the notification dated 1 5-12-1972 (Annexure 3) issued by the State Government (respondent No. 1) transferring Dr. Hari Narain Verma (respondent No. 4) from Rajendra Medical College, Ranchi, to the Prince of Wales Medical College, Patna, (hereinafter referred to as 'the Ranchi Medical College' and 'Patna Medical College' respectively), and against the notification dated 22-3-1976 (Annexure 6), as contained in the amendment petition, filed on behalf of the petitioner on 1-4-1976, by which respondent No. 4 was promoted as Professor in surgery and posted in the Patna Medical College. Initially, the petitioner had also prayed for quashing of the order as contained in Annexure '2', where by the designation conferred upon the petitioner for teaching experience due to the performance of supernumerary duty (for the sake of brevity referred to hereafter as 'supy duty') under Annexure '1' was withdrawn, since, according to the petitioner, the order contained in Annexure '2' was superseded by the subsequent order dated 7-9-1973 contained in Annexure 12 to the reply to the counter affidavit of respondent No. 4, filed on, 3-4-1976. In that view of the matter the petitioner was permitted to delete bis prayer, at the time of hearing of the case, whereby he had prepared for quashing the order contained in Annexure '2'. Therefore, at present the orders contained in Annexure '3' and '6' alone are required to be considered.

(2.) In order to appreciate the points involved in this case it will be necessary to state briefly the facts, as stated by the petitioner in his application and in the counter affidavits filed on behalf of respondents 1 and 4. The petitioner in his application stated that he was recruited to the Bihar State Medical Service in 1951 and he joined as Civil Assistant Surgeon in July, 1951. Respondent No. 4 was not then qualified for the post, having graduated in medicine only. In 1954 respondent No. 4 became Malaria Officer and by virtue of the amalgamation of the Malaria Cadre with Health Cadre respondent No. 4 was appointed as Civil Assistant Surgeon, which he failed to get directly recruited inspite of several attempts.

(3.) In 1952 the petitioner went on study leave to United Kingdom where after completing his F.K.C.S (Surgery) in 1953 worked as Registrar therefrom 1954 to 1955 and acquired experience in practical surgery work and thus gained experience as Surgical Registrar in an institution recognised for teaching and training by the Royal College of Surgeons in England. After return from U.K. In 955 the petitioner joined Patna Medical College but was deputed to Tuberculosis Association of India as full Surgeon and Specialist for starting a Lung Resection Unit at Kasauli, which he successfully did. While posting as such he carried out teaching duties as part-time lecturer in surgery of T. B. for D. T. D. Course of Delhi University from 1955 to 1956. After his coming back to Bihar Medical Service in Oct. 1956, he was posted to Surgery Department of the Patna Medical College Hospital as Civil Assistant Surgeon and was subsequently transferred to Darbhanga Medical College in 1957, where he worked as tutor in a 1 are vacancy until he was designated as Junior Surgeon in April, 1958 The petitioner was posted in Patna Medical College Hospital and Darbhanga Medical College Hospital on supy duty till April, 1958, doing teaching work at par with Resident Surgical Officer and Registrar in Patna Medical College and as tutor in Darbhanga Medical College. The whole period of teaching experience has already been recognised and notified by the Government In April, 1958, the petitioner was designated as Junior Surgeon by Government and given regular teaching duties for teaching both under graduate and post-graduate students at par with other teachers of the rank not below tutor both in Darbhanga and Patna Medical Colleges. In 1959 the petitioner was specially transferred to Patna Medical College in order to organ be and tun the Department of Experimental Surgery and do research and post-graduate teaching, since the Government was very much impressed with the performance of experimental surgical work that the petitioner did in Darbhanga Medical College, where no such separate section existed In paragraph 8 of the petition, the petitioner has given a chart showing total recognised teaching experience of the petitioner as compared to that of respondent No. 4. which reads thus:- <FRM>JUDGEMENT_18_LAWS(PAT)8_1976.html </FRM>