IN THE HIGH COURT OF JUDICATURE AT PATNA. CIVIL WRIT JURISDICTION CASE No. 5055 of 1993 1. DR.SHAMIM AHMAD, S/o. Maulavi Zamiruddin Ahmad, r/o. Village- Kaler, P.S. Mehandia, District- Jahanabad, Ext. Acting Principal and at present Professor of Govt. Tibbi College, Kadamkuan, P.S. Kadamkuan, District- Patna. 2. Dr. Syed Shahid Hasan, S/o. Sri S.M. Hassan, r/o. Mohalla- 107, Rajendra Nagar, P.S. Rajendra Nagar, District- Patna. ----------------------------------------(Appellants) Versus 1. THE STATE OF BIHAR, through the Health Commissioner-cum-Secretary to the Govt. of Bihar, Deptt. Of Health, Medical Education and Family Welfare, New Secretariate Building, Patna. 2. The Addl. Secretary, Department of Health, Medical Education and Family Welfare (Deshi Chikitisa New Secretariate Building, Patna. 3. The Under Secretary (Deshi Chikitsa) Department of Health, Medical Education and Family Welfare, New Secretariate Building, Patna. 4. The Director (Deshi Chikitsa) Health Services, Department of Health, Medical Education and Family Welfare, New Secretariate Building, Patna. 5. The Deputy Director (Deshi Chikitsa) Health Services Department of Health, Medical Education and Family Welfare, Patna. ------------------------------------------------(Respondents) For The Petitioner : JANARDAN SINGH S. Quaisar Hasan, ----- Advocates. For The Respondent : S.J.RAHMAN (GP7) Mr. Prashant Kashyap... AC to AAG No.IV. P R E S E N T THE HON’BLE MR. JUSTICE SHIVA KIRTI SINGH THE HON’BLE MR. JUSTICE C.M.PRASAD ------------ Shiva Kirti Singh & C.M. Prasad, JJ. Learned counsel for the petitioners has submitted that the petitioner No.1 Shamim Ahmad is dead. In view of such information, let the name of the petitioner No.1 Dr. Shamim Ahmad be deleted from the list of petitioners. 2 2. Heard learned counsel for the petitioners and learned counsel for the State of Bihar. 3. In respect of petitioner No. 2 it has been submitted that like petitioner No.1 he has also retired from service and the claim of the petitioner is only for possible promotion to the Higher Post from the cadre of Unani Medical Officer, in which he wants to be included. 4. The prayer as contained in paragraph No.1 of the writ petition is rather vague. Petitioner has prayed for issuance of an appropriate writ in the nature of a mandamus, giving direction to the respondents for preparation of seprate Unani Cadre of all the teachers of Government Tibbi College, Kadamkuan, Patna and for inclusion of petitioners’ name in the said cadre on the basis of technical qualification, teaching experience, professional experience etc. From the representation made by Dr. Samim Ahmad (original writ petitioner No.1) dated 15.04.1990 which has been appended as Annexure-7, it appears that at the time of making representation he was Principal of the Government Tibbi College, Patna. The subject of the representation was for including his name in the cadre (Seniority list) of Unani 3 Medical Officer. In that representation it is mentioned that he was getting much higher pay than the Unani Medical Officer which they get as basic scale and he was directly appointed on the post of professor and therefore his name be included in the gradation list of Unani Medical Officer by showing his entry into that cadre on 18.12.1969, the date of his initial appointment as professor. 5. From a conjoint reading of writ petition, representation and the counter affidavit filed on behalf of the state including the issue for determination is simple. Petitioner wants his name to be included in the cadre and gradation list of Unani Medical Officer from the date of his appointment as professor in Govt. Tibbi College, Patna whereas according to the respondents the petitioner was never basically appointed in the cadre of Unani Medical Officer on the basis of the degree and qualification of Unani Medicine rather his (Dr. Syed Shahid, original petitioner No.2) appointment was made on the post of Professor in Allopathic side in view of his qualification of M.B.B.S. According to the respondents since the petitioner was never appointed in the cadre of Unani Medical Officer but only in 4 the cadre of Professor, hence, his claim for being included in a different cadre, i.e., of Unani Medical Officer cannot be allowed. 6. No material could be brought to our notice to show that the petitioner (original petitioner No.2) was ever appointed on the post of Unani Medical Officer or even after appointment as a professor he was ever allowed change of cadre and brought in the cadre of Unani Medical Officer. In that view of the matter, the prayer for being included in the cadre and gradation list of Unani Medical Officer has rightly not been accepted by the respondents and this Court also cannot issue a mandamus to that effect when petitioner does not have any right to be included in the concerned cadre. 7. The only other issue requiring consideration is whether in exercise of writ jurisdiction this Court should interfere with the prevailing policy decision of the State and direct the respondents to enlarge the cadre of Unani Medical Officer so as to include other teachers of a Government Tibbi College, Patna in the said cadre. This issue does not require much deliberation in view of settled law that this Court should not interfere in the matters of policy unless the 5 existing policy is shown to be violative of some constitutional provision or legislative provision. This is not the case here. 8. In view of the aforesaid discussion, we find ourselves unable to grant any relief to the petitioner. Hence, the writ petition is dismissed. However, there shall be nor order as to costs. Patna High Court, The 22nd February, 2010,N.A.F.R./Mkr. (Shiva Kirti Singh, J.) ( C.M. Prasad, J.)