IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6788 of 2004 1. DR.RAJ KISHORE PRASAD, SON OF LATE BAIJNATH PRASAD, RESIDENT OF MOHALLA KUNKUN SINGH LANE, MAHENDRUGHAT, P.S. SULTANGANJ, DISTRICT PATNA, AT PRESENT POSTED AS MEDICAL OFFICER, ADDITIONAL PRIMARY HEALTH CENTRE, KARHIT, CHAKAI, DISTRICT JAMUI. 2. DR. RAMANAND SAH ‘SUMAN’, SON OF LATE NARSINGH SAH, RESIDENT OF MOHALLA CHITRAGUPTA NAGAR, NEW AREA KANKARBAGH, P.S. PATRAKAR NAGAR, DISTRICT PATNA, AT PRESENT POSTED AS MEDICAL OFFICER, SADAR HOSPITAL, BIHAR SHARIF, DISTRICT NALANDA. 3. DR. SUNIL KUMAR MALLIK, SON OF LATE KRISHNA NARAYAN MALLIK, RESIDENT OF MOHALLA MALLIK MANDIR, JHANJHARPUR BAZAR, DISTRICT MADHUBANI, AT PRESENT POSTED AS MEDICAL OFFICER, ADDITIONAL PRIMARY HEALTH CENTRE, PIRAUTA BHOJPUR, DISTRICT ARRAH. ------------------------------------------------------------------------------ PETITIONERS Versus 1. THE STATE OF BIHAR. 2. COMMISSIONER-CUM-SECRETARY, DEPARTMENT OF HEALTH MEDICAL EDUCATION AND FAMILY WELFARE, GOVERNMENT OF BIHAR, NEW SECRETARIAT, PATNA. 3. ADDITIONAL SECRETARY, DEPARTMENT OF HEALTH MEDICAL EDUCATION AND FAMILY WELFARE, GOVERNMENT OF BIHAR, NEW SECRETARIAT, PATNA. 4. DIRECTOR-IN-CHIEF, HEALTH SERVICES, GOVERNMENT OF BIHAR, NEW SECRETARIAT, PATNA. 5. JOINT SECRETARY, DEPARTMENT OF HEALTH MEDICAL EDUCATION AND FAMILY WELFARE, GOVERNMENT OF BIHAR, NEW SECRETARIAT, PATNA. 6. UNDER SECRETARY, DEPARTMENT OF HEALTH MEDICAL EDUCATION AND FAMILY WELFARE, GOVERNMENT OF BIHAR, NEW SECRETARIAT, PATNA. ********* 5 11.3.2011 Petitioner no. 1 was working as a Tutor from 17.12.1982, as a Residential Surgical Officer from 19.5.1985 and a Registrar (Orthopedic) from 19.7.1990. Petitioner no. 2 was working as the Residential Surgical - 2 - Officer from 1986 to 1991 and petitioner no. 3 was working as a Residential Surgical Officer from 1986 to 1990 and as a Registrar from 19.7.1990. On the date on which the teaching cadre was created by promulgation of the Rule dated 27th of May, 1997 in the official gazette, the petitioners were obviously not working as Registrars. It is the claim of the petitioners that had applied and made representation before the concerned authorities for being absorbed in the Medical Education Cadre of the Health Department. The relevant Rule with respect to absorption in the Medical Education Cadre is Rule 5 (Ga) which reads as follows: (x) mijksDr inksa ij iwoZ ls dk;Zjr lHkh inkf/kdkfj;ksa dks fpfdRlk f’k{kk laoxZ esa lEcsf"Br jgus ds fy, vFkok ewy dksfV “fcgkj&jkT; LokLF; lsok laoxZ esa ykSVkus ds fy, ,d fuf’pr frfFk rd viuh fyf[kr bPNk layXu izi= (vuqyXud&1) esa nsuh gksxh tks fyf[kr :i ls vkSi’ku (Option) ugha nsaxs mUgsa ewy laoxZ esa okil dj fn;k tk;sxkA lkFk&gh] fogkj fpfdRlk f’k{kk lsok&laoxZ easa mfYyf[kr inksa ij lek;kstu ds fy;s vko’;d ;ksX;rk ,oa ’kS{kf.kd vuqHko] fu;qfDr dh frfFk ds le; ugha jgus ij] mu inkf/kdkfj;ksa dks Hkh ewy laoxZ (fcgkj LokLF; lsok laoxZ) esa okil dj fn;k tk;sxkA In the circumstances, the Principal Secretary, Department of Health Medical Education and Family - 3 - Welfare, Government of Bihar should take a decision with respect to the cases of the petitioners by either allowing them or by rejecting the cases on the basis of the interpretation of Rule 5(Ga). The petitioners would be at liberty to file their representations within a period of four weeks from the date of receipt of a copy of this order and the Principal Secretary, Department of Health Medical Education and Family Welfare, Government of Bihar, should dispose of the representations within a period of three months thereafter. This writ application is accordingly disposed of. Sanjay (Sheema Ali Khan, J.)