IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5608 of 2005 DR.RAJENDRA PRASAD SINHA, SON OF LATE SHREE BADHU PRASAD SINGH, RESIDENT OF 8/285, HANUMAN NAGAR, P.S. PATRAKAR NAGAR, DISTRICT PATNA, PRESENTLY POSTED AS LECTURER IN SHALAKYA TANTRA DEPARTMENT, RAJKIYA AYURVEDIC COLLEGE, PATNA, P.S. KADAM KUAN, DISTRICT PATNA. ---------------------------------------------------------------------------------------------------- PETITIONER Versus 1. THE STATE OF BIHAR. 2. THE SECRETARY-CUM-COMMISSIONER, HEALTH (EDUCATION FAMILY WELFARE AND DESHI CHIKITSA) DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3. THE UNDER SECRETARY, HEALTH (EDUCATION, FAMILY WELFARE AND DESHI CHIKITSA) DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 4. THE DIRECTOR (DESHI CHIKITSA) HEALTH DEPARTMENT, BIHAR, PATNA. ------------------------------------------------------------------------------------------------ RESPONDENTS For the petitioner :- None. For the State :- Amrendra Kumar, A.C. to G.P. 8. ******** 8 7.3.2011 This writ application has been filed with a prayer that a direction be issued to promote the petitioner on the post of Reader w.e.f. 15.1.92 and Professor w.e.f. 15.1.97 in the State Ayurvedic College as the petitioner is the senior most Lecturer in the “Shalakya Tantra Department.” The petitioner was appointed in the year 1975 as a Demonstrator in the Shalakya Tantra Department on the recommendation of the Public Service Commission w.e.f. 15.1.1987 vide notification dated 20.12.1989. He was promoted to the post of Lecturer on 4.8.1990. It is said that the post of Demonstrator was converted and renamed as Lecturer vide a notification of the State 2 Government issued by Memo No. 206, dated 24.11.1991. Vide Annexure-4, dated 19.6.1991, the State Government issued a notification fixing the qualification and teaching experience of appointment/promotion to the post of Lecturer, Professor, Reader in the Ayurvedic Medical College. The claim of the petitioner is that he is the senior most teacher in Shalakya Tantra and is entitled to be promoted as a Reader as the post has been lying vacant since 13.11.1985. An Intervention Application numbered as 1618 of 2011 has been filed on behalf of Dr. Uma Pandey who claims that she was also posted in the Shalakya Tantra department as a Lecturer and Reader in Ayurvedic College, Patna. The claim of Dr. Uma Pandey that she is senior to the petitioner and her name figures at serial no. 1 and as such, if, at all any one is to be granted promotion, it should be the intervenor as she is the senior most person. It has also been stated by the intervenor that the petitioner had completed his post graduate degree in the subject of Dravyaguna whereas he has been posted as a Reader in the subject of Shalakya Tantra. It 3 has been stated that there is a regulation of the Medical Council framed in the year 1989 which requires that those persons who are qualified in the concerned subject should be appointed as a Lecturer in accordance with their qualification. In the circumstances, there is a conflicting claim between the petitioner and the intervenor respondent with respect to grant of promotion, as there appears to be only a single post in the subject concerned. The Director (Deshi Chikitsa), Health Department, Bihar, Patna will consider the claims of both the petitioner and the intervenor respondent if there is a representation made on their behalf regarding their promotion to the post of Professor within a period of six months subject to them filing their representations within a period of six weeks on receipt of a copy of this order, in accordance with the rules and regulations framed by the Medical Council of India. This writ application is disposed of with the aforesaid observations. Sanjay ( Sheema Ali Khan, J.)