High Court Patna High Court - Orders

Dr.Satish Chandra &Amp; Anr vs The State Of Bihar &Amp; Ors on 29 September, 2010

Patna High Court – Orders
Dr.Satish Chandra &Amp; Anr vs The State Of Bihar &Amp; Ors on 29 September, 2010
             IN THE HIGH COURT OF JUDICATURE AT PATNA
                         CWJC No.14617 of 2010
                  DR.RAMNANDAN PRASAD SINHA & OS
                                Versus
                       THE STATE OF BIHAR & ORS
                                WITH
                         CWJC No.12117 of 2010
                      DR.SATISH CHANDRA & ANR
                                Versus
                       THE STATE OF BIHAR & ORS
                               -----------

02 29.09.2010 In C.W.J.C. No.12117 of 2010 there are two

petitioners and in C.W.J.C. No.14617 of 2010 there are four

petitioners. The two writ petitions are for similar relief, as

such, are being taken up together.

The writ petitioners are doctors in the Bihar

Health Service Cadre. The State Government has several

Medical Colleges. As per M.C.I. regulations, the Medical

Colleges have to have a minimum staff as per staffing pattern

which includes teaching and non-teaching staff as well. This

includes a minimum number of Tutors/Senior Residents. For

several years, if not decade, the requisite number is not

available to the State. Therefore, they were recruiting doctors

from Bihar Health Service on contractual basis. The

petitioners are doctors who have been recruited on contractual

basis to comply with the M.C.I. regulations as Tutors/Senior

Residents and have been posted in different Medical College

Hospitals in Bihar. Their contract is renewed from time to

time. By now they have completed 2½ years as Tutors/Senior

Residents. In the year 2008, the State Government made its
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own Rules, which were notified on 30th October, 2008, known

as Senior Residents, Tutor Medical Education Service Cadre

Recruitment and Appointment Rules, 2008. Now by an

advertisement as issued on about 25th December, 2009 State

wants to make direct recruitment under the said Rules of

Tutors/Senior Residents for which a panel is to be prepared.

Petitioners apprehend that before their last one year tenure

expires on 31.03.2011, their contractual appointments may be

cancelled, which would adversely affect as that would deprive

them of three years experience as Tutors/Senior Residents and

other benefits. Their only grievance is to let them continue at

least up to 31.03.2011.

Learned counsel for the State points out that

their appointment itself shows that they would not be given

any experience certificate for this work as Tutors/Senior

Residents.

Mr. Shivajee Pandey, learned Senior Counsel

appearing for the petitioners states that on opportune time

respondents may consider the challenge, the said provision is

wholly arbitrary and unjustified. Their clients seek limited

relief to continue as Tutors/Senior Residents.

Learned counsel for the State then points out

that preparation and finalizing of panel and issuing of

selection letters would itself take some more time.

Be that as it may, let learned counsel for the
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State seek instructions in the matter and file a comprehensive

counter affidavit so that the matter may be disposed of at the

stage of admission itself. They would also be required to

bring on record the difficulty if any that would be created if

petitioners are allowed to continue up to 31st March, 2011.

State may, however, proceed with preparation and finalization

of the panel but would not displace the petitioners till further

orders of this Court.

Put up this case “For Admission” on 2nd

November, 2010.

Trivedi/                           (Navaniti Prasad Singh, J.)