IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.10116 of 2009
DR.(MRS.)KUMUDINI JHA, W/O DR.C.M.JHA, R/O
WEST GAURI TANK, P.S.-LAHERISARAI, DISTRICT-
DARBHANGA PRESENTLY POSTED AS ASSISTANT
PROFESSOR, DEPARTMENT OF OBSTETRICS AND
GYNAECOLOGY, DARBHANGA MEDICAL COLLEGE,
LAHERISARAI, DARBHANGA. ..................PETITIONER.
Versus
1. THE STATE OF BIHAR.
2. THE SECRETARY, DEPARTMENT OF HEALTH,
(MEDICAL EDUCATION, FAMILY WELFARE AND
INDIGENOUS MEDICINES) GOVERNMENT OF BIHAR,
NEW SECRETARIAT, PATNA.
3. THE JOINT SECRETARY, DEPARTMENT OF HEALTH,
(MEDICAL EDUCATION, FAMILY WELFARE AND
INDIGENOUS MEDICINES) GOVERNMENT OF BIHAR,
NEW SECRETARIAT, PATNA.
4. THE DEPUTY SECRETARY, DEPARTMENT OF
HEALTH, (MEDICAL EDUCATION, FAMILY WELFARE
AND INDIGENOUS MEDICINES) GOVERNMENT OF
BIHAR, NEW SECRETARIAT, PATNA.
5. THE ADDL. DIRECTOR (MEDICAL EDUCATION)
DEPARTMENT OF HEALTH, GOVERNMENT OF BIHAR,
NEW SECRETARIAT, PATNA. ...............RESPONDENTS.
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3 14.09.2010 From the counter affidavit, it
appears that the claim of the petitioner has
been partly allowed by the Department and now
the petitioner has been promoted in the cadre
of Associate Professor. However, the
grievance of the petitioner now is that she
should rank senior to Dr.Asha Jha in the
cadre of Associate Professor as, while
promoting Assistant Professor to the post of
Associate Professor altogether different
criteria is to be adopted as is prescribed
under Rule 8(ii)(Ka) of the 1997 Rules, which
2
lays down that at the time of promotion of
Assistant Professor to the rank of Associate
Professor, besides their seniority, research
work etc. has also to be taken into account.
Learned counsel for the petitioner
submits that if that would have been taken
into account by the Department she would have
been promoted to the rank of Associate
Professor earlier by treating her senior to
said Dr.Asha Jha. He submits that
specifically for this relief a representation
has already been filed by the petitioner, a
copy whereof is annexed as Annexure-7 to the
writ application.
Now that all the concerned doctors
have been promoted to the rank of Associate
Professor the only dispute is with regard to
their inter-se seniority upon consideration
their cases in terms of the said provisions
of the Rules.
This Court is of the view that the
Department should consider the same and
decide the inter-se seniority of the
Associate Professors in the light of the
criteria for promotion laid down in the above
provisions of the Rules.
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There is nothing in the counter
affidavit to show that this has been done by
the respondents so far.
Therefore, this writ application is
disposed of with a direction to respondent
no.2, the Secretary, Department of Health,
(Medical Education, Family Welfare and
Indigenous Medicines) Government of Bihar,
Patna to look into the matter and decide the
inter se seniority of Associate Professors in
accordance with law and particularly in the
light of the said provision of Rules
preferably within a period of three months
from the date of receipt/production of a copy
of this order. If necessary, the respondent
no.2 shall given personal hearing to the
concerned parties to enable them to produce
materials to show that on the basis of
research work etc. they have better claim for
seniority than the other rival parties.
Arvind/ ( J. N. Singh, J.)