IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No 12662 of 2006 DR BAXI NEERAJ PRASAD SINHA Versus THE STATE OF BIHAR & ORS ----------- 5 12.05.2008 Heard. The Medical Council of India has also appeared and filed a counter affidavit supporting the stand of the petitioner. Petitioner, by this writ application, has challenged the appointment of respondent No 6 as an Assistant Professor in the Department of Psychiatry in the Patna Medical College & Hospital, Patna on contractual basis. The petitioner and respondent No 6 have both applied for the said position. The petitioner raises a short issue. It is submitted that as per the Medical Council of India regulations and guidelines issued thereunder, the minimum academic qualification for the post of Assistant Professor in a Medical College is that of an MD. Petitioner has categorically stated that respondent No 6 does not possess the said qualification or an equivalent qualification and ignoring this, he has been selected. Respondent No 6 though appeared long back in these proceedings has chosen to keep silence in this matter and has chosen not to file any counter affidavit. However, it is a matter of record that respondent No 6 has MD, but from an unrecognized institution. In such a situation, the specific allegation remaining uncontroverted, the Court has no option but to declare respondent No 6 to be ineligible for the post and, as such, his appointment on such post cannot be held to be valid. It is, thus, declared to be invalid with all consequences. Writ application is allowed. M.E.H./ ( Navaniti Prasad Singh )