MAHENDRA NARAIN AND 2 ORS Vs. THE STATE OF BIHAR & OTHERS

JUDGEMENT

(1.) These three writ petitions has been heard together because of some common points involved. This judgment will govern them all. For proper appreciation of the respective cases. I have summarised the facts of each case separately. C.W.J.C. No. 5147 of 1985. The petitioner, who is a Doctor -cum -teacher in the Department of Medicine in Nalanda Medical College Hospital, Patna seeks issuance of a writ of mandamus directing respondents no. 1 to 3 to declare the petitioners to be an Associate Professor in the Nalanda Medical College Hospital with effect from 10.2.1978 and to include him in the list of Associate Professors dated 1.2.1985 (Annexure -22) for being considered for promotion to the post of Professor in the Department of Medicine in all the Medical Colleges of Bihar and to quash the provisional seniority list of Assistant Professors dated 21.9.1985 (Annexure -27), wherein the petitioner is shown in serial no. 15. By amendment of the writ petition a further prayer has been made to quash Annexure -31 promoting the respondents as Professors ignoring and without considering the claim of the petitioner who is the senior most associate Professor in the State of Bihar.

(2.) According to the petitioners, he passed M.B.B.S. examination in the year (sic) from Prince of Wales Medical College, Patna University. During the period July, 1969 to February, 1975 for a period of five years nine months, the petitioner is said to have performed the duty of a Registrar in Fezakerley District General Hospital. Liverpool, University of Liverpool (U.K.), teaching -cum -clinical assignment from July 1969 to December, 1973. In 1973 the petitioner passed his M.R.C.P. from U.K. But he continued to stay in England and in January, 1974 he joined Hammersmith Hospital, Post Graduate Medical School, University of London and continued upto March, 1974 as a clinical fellow. Thereafter, he joined St James Teaching Hospital Area Health Authority (Teaching). Leads, U.K., as Consultant Physician and Clinical Lecturer for the period March, 1974 to February, 1975. In this process the petitioner acquired teaching -cum -clinical experience of about five years nine months in different Medical Institutions in England. On his return from England he got appointment letter from Nalada Medical College as an Assistant Professor of Medicine vide letter dated 30.6. -1975/1.7.1975 and he joined his post after due selection by the Management on 24.6.1975 (Annexure 2, 3 and 4.).

(3.) Nalanda Medical College was a private Medical College. The Government by an Ordinance, known as Bihar Private Medical College (Taking Over of Management) Ordinance, Bihar Ordinance no. 36 of 1977, (hereinafter referred to as the Ordinance), took over the Management of the said College. The management of the college vested in a Board of Control constituted under the Ordinance. There were vacancies for the post of Associate Professor. In order to find out the suitability of the petitioner's appointment as an Associate Professor, he was asked by the Board of Control to furnish all his testimonials and certificates and other biodatas to Professor U.R. Bhardawaj, Head of the Department of Physiology, for adjudging his teaching experience (Annexure -5). All relevant papers, materials and the biodata furnished by the petitioner was sent to the Medical Council of India to find out his eligibility for being appointed as an Associate Professor. The Secretary of the Medical Council of India wrote to the Chairman on 2.1.1978/11.1.1978 that in supersession of all previous letters from this office in this regard the Executive Committee of the Council in their meeting held on 13th December, 1977, found the petitioner eligible as Associate Professor of Medicine. On 10th February, 1978, the petitioner was given the designation of Associate Professor, Medicine, on a temporary basis on the basis of the said decision of the Medical Council of India (Annexure -7). Petitioner pursuant thereto joined his duty as Associate Professor of Medicine on and from 10.2.1978 (Annexure -8). The action of the Chairman was approved by the Board of Control on 12.4.1978 (Annexure -8) and a certificate seems to have also been issued by the Principal of the College in this regard on 29.8.1978 (Annexure -10). Respondent no. 5, Dr. Akhilesh Sharan, and respondent no. 7, Dr. D.K. Shrivastava are said to have been promoted as Associate Professor on 20.7.1978. The Bihar Private Medical Colleges Taking Over, Act, 1978 (hereinafter to be referred to as the Take Over Act), Bihar Act 5 of 1978, was enacted. All Private Medical Colleges in the State of Bihar was taken over by the Government and under Sec. 6 (2) of the said Act, the State Government constituted a Committee known as Screening Committee of Experts to examine the biodata of each member of the teaching Staff and ascertain whether appointment, promotion or confirmation that was made hitherto is in accordance with the University Regulations and in conformity with the guidelines laid down by the Medical Council of India. The Screening Committee was required to take into consideration all relevant materials including length of service in the College, whereafter under Sec. 6 (3) of the Take Over Act the State Government would decide in respect of each member of teaching Staff on the merit of each case, whether to absorb him in Government service or to terminate his services or allow him to continue on an ad hoc basis and/or re -determine the rank, pay, allowances etc.