IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11531 of 2005 DR.GARGI PRASAD SUKLA, SON OF SHIV SHANKER SUKLA, RESIDENT OF NEAR DURGA STHAN LOHIA NAGAR, DISTRICT BEGUSARAI, AT PRESENT POSTED AS LECTURER IN RAJKIYA AYODHYA SHIVKUMARI AYURVED COLLEGE, BEGUSARAI, DISTRICT BEGUSARAI. ---------------------------------------------------------------------------------------------------- PETITIONER Versus 1. THE STATE OF BIHAR. 2. THE COMMISSIONER-CUM-SECRETARY, HEALTH, MEDICAL EDUCATION AND FAMILY WELFARE DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3. THE ADDITIONAL COMMISSIONER, HEALTH, MEDICAL EDUCATION AND FAMILY WELFARE DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 4. THE DEPUTY SECRETARY, HEALTH, MEDICAL EDUCATION AND FAMILY WELFARE DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 5. THE DIRECTOR, DESHI CHIKITSA, DIRECTORATE OF INDIGENEOUS SYSTEM OF MEDICINE, BIHAR, NEW SECRETARIAT (VIKASH BHAWAN), PATNA. ------------------------------------------------------------------------------------------------ RESPONDENTS For the petitioner :- Mr. Sujeet Kumar Sinha, Advocate Mr. Mukesh Kumar Sinha, Advocate For the State :- Mr. Shankar Kumar, A.C. to A.A.G. 15. ******** 6 28.2.2011 The petitioner was a Medical Officer having a Post Graduate Degree in Physiology. On 16.5.1997 the petitioner was promoted as a Lecturer in Physiology. His services were regularized on 15.12.2004 after which he was posted at Begusarai. It is the claim of the petitioner that since 1998 he has been working as Incharge Reader in the department of Physiology at Begusarai. The grievance of the petitioner is that he should be promoted to the post of Reader and Professor as he has completed the 2 number of years of service required under the resolution of the State Government dated 19.6.1991 (Annexure-2). The stand of the State is that the post of the petitioner is reserved and, therefore, he has not been considered for promotion as a Reader. In reply to the contention of the State of Bihar, the petitioner refers to Annexure-10 of the supplementary affidavit filed on behalf of the petitioner, which is a notification issued by the State of Bihar on 30th September, 2002 by which the roster of the reservation has been published. According to the petitioner he is on the third post which is said to be unreserved. The controversy, therefore, lies in the fact as to whether the post on which the petitioner is claiming promotion is a reserved post or an unreserved post, which has to be decided by the concerned authorities. The petitioner also raises objection to the seniority list which however, he has not challenged in this writ application. I am just bringing it to the notice of the authorities concerned in view of the fact 3 that several matters have been remanded and referred back to respondent no. 2, the Secretary of the Department for a decision regarding grant of promotion and in some cases fixation of seniority. It appears that several Medical Officers were promoted to the post of Lecturers as far back as in 1985. Subsequently some of them were appointed as Readers. The petitioner claims that the some of the persons promoted do not have the required qualification of Post Graduate Degree, which would disentitle such persons for further promotion or for being ranked as senior to those persons who had the Post Graduate Degree. I accordingly direct the respondent no. 2 to consider the case of the petitioner and decided whether the post which he is claiming is a reserved or unreserved post. In case it is found that it is an unreserved post, the respondent no. 2 should consider the grant of promotion to the post of a Reader to the petitioner from the date on which he became eligible. The petitioner is directed to file a representation along with the documents on which he basis his claims 4 for consideration of respondent no. 2 along with a copy of this order, who will decide the matter within a period of six months from the date of receipt/production of a copy of this order. This writ application is disposed of with the aforesaid directions. Sanjay ( Sheema Ali Khan, J.)