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
-2-
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
-3-
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.)