IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.473 of 2008 DR.RAKESH KUMAR, S/o Dr Ram Prawesh Singh, R/o 72-Anandpuri, West Boring Canal Road, Patna Versus 1. DR.BAXI NEERAJ PRASAD SINHA S/o Dr. Baxi K.R.P. Sinha, resident of Sheikhpura More, Opposite Central School, Bailey Road, Patna, PS Shastri Nagar District Patna 2. The State of Bihar 3. The Commissioner-cum- Secretary, Health and Medical Education, Bihar, Patna 4. Director-in-Chief, Health & Medical Education, Bihar, Patna 5. Medical Council of India through its Chairman, Alwan-E-Galib Marg, Kotla Road, Opp. Mata for Women Sundri College/near I.T.O New Delhi-110002 6. Bihar Council of Medical Registration through its Registrar, Rajendra Nagar, Patna PS Kadamkuan, District Patna 7. Principal Nalanda Medical College, Patna ----------- 10 20-04-2009 Heard the parties. Respondent no.1 in this appeal had preferred the writ petition in question in the year 2006 challenging the appointment of appellant herein as an Associate Professor in the department of psychiatric in Patna Medical College Hospital, Patna on contractual basis. The writ petition was finally disposed of on 12-5-2008 by the judgment and order under appeal. The appointment of the appellant was held by the writ court to be invalid on the ground that he did not have the post graduate degree (MD) from a recognized institution and, therefore, the appellant was not entitled for the post. On behalf of the appellant it has been submitted on the basis of advertisement that there was no mention in the advertisement that the post graduate degree should be one recognized by the Medical Council of India (MCI). It was further submitted on the basis of judgement of the Apex Court in the case of Dr. Arun Kumar Agrawal vs the State of Bihar and Ors reported in 1991 Supp. (1) SCC, 287 that - 2 - since post graduate degree of MD was obtained by the appellant from Patna University which is recognized by the State of Bihar, the appellant’s degree was rightly treated as valid post graduate degree for appointment within the State of Bihar. According to learned counsel for the appellant the requirement of recognition by MCI could arise only if the appointment had been made in any other State outside the Bihar. We find that the aforesaid judgement of the Apex Court was not cited before the learned Single Judge. We further find that the nature of appointment involved in this case was on contract basis for a fixed period which had to be less than one year. No doubt the appointment was subsequently renewed also but it is not in dispute that the nature of appointment remains contractual for a period of less than one year and on account of judgement under appeal it appears that further appointment of the writ petitioner on contract basis has ceased to exist for the time being. On behalf of the appellant it was submitted and brought to our notice that the MCI has taken subsequent decisions granting recognition to the degree of MD in psychiatric from Patna Medical College Hospital (Patna University). Considering the nature of appointment and also the subsequent developments, we are of the view that the issues raised by the parties need not be decided on merits in this appeal. But considering the judgement in the case of Arun Kumar Agrawal (supra) we make it clear that the judgement under appeal passed by the writ - 3 - court will not affect the rights and claims of either of the parties in any future transaction relating to appointment either on permanent basis or on contract basis. The employer- State of Bihar is expected to keep in mind the aforesaid judgement of the Supreme Court as well as the subsequent notification of the MCI at the time of making appointment in future. We are not interfering with the termination of the appointment of the appellant because it was for a fixed period and even after observations made in this order, if the appellant is interested in challenging that order of termination, he may do so through any appropriate proceeding. The appeal is disposed of. BKS/ (Shiva Kirti Singh,J.) (Dharnidhar Jha, J.)