N. P. Singh, J.

1. This application has been filed on behalf of the petitioner for a writ of mandamus directing the respondent-State to count the teaching experience of the petitioner between the period 19-1-1971 to 21-4-1978 and to appoint him as Associate Professor in the Department of Paediatrics, Darbhanga medical College Hospital. At present petitioner is posted as Assistant professor Paediatrics at the said Medical College.

2. The petitioner was appointed as a Civil Assistant Surgeon on 7-7-1962. An order dated 13-1-1971 was issued by the Department of Health saying that the petitioner, who was posted as Demonstrator in the physiology Department at Darbhanga Medical College Hospital, was being transferred from that post and was being posted in the Paediatrics Department of the same Hospital on supernumerary duty. It is the case of the petitioner that pursuant to the aforesaid order he joined the Paediatrics Department and was put on supernumerary duty Yet another order was issued by the Department of Health on 16-10-1971 in respect of the petitioner saying that permission, was being granted to the petitioner to do the duty of Resident Medical Officer in the Paediatrics department of the Darbhanga Medical College Hospital where he had been posted on supernumerary duty. According to the petitioner he did the teachins work in the Paediatrics Department of the aforesaid Medical College hospital from 19-1-1971 to 21-4-1978.

3. The post of Medical Officer on supernumerary duty in different Medical rollers was abolished with effect from 22-4-1978, because of which the petitioner ceased to hold the post of Medical Officer on supernumerary duty in the depnartment of Paediatrics at the said Medical College Hospital with effect from 22-4-1978 Later, in the year 1979, the petitioner was appointed as Registrar and according to him, he continued on the said post till 14-4-1982. On 28-5-1986 he was appointed as Assistant Professor, Paediatrics which post he is holding till the date of the filing of the writ application.

4. The grievance which has been made on behalf of the petitioner is that if the teaching experience gained by the petitioner between the period 19-1-1971 to 21-4-1978 had been taken into account towards the total teaching experience of the petitioner, then he would have been appointed as Associate Professor instead of Assistant Professor.

5. Counter affidavit has been filed on behalf of the State. According to the respondents, the post of Associate Professor in a Medical College in the state of Bihar is a teaching post which is filed up by the promotion from amongst the Assistant Professors in the Department after preparation of a seniority list on the basis of total length of teaching experience acquired against junior teaching posts of Resident, Registrar and Assistant Professor in the speciality in question. It has been asserted that the petitioner did not hold any teaching post during the period 19-1-1971 to 21-4-1978, he had been posted on supernumerary duty during the said period and, in view of Government order dated 7-9-1973, teaching experience can be given only to a Medical officer, who has been posted against a regular teaching post. In that connection it has been pointed out that the junior teaching posts consist of Resident medical Officer and Registrar which are tenure posts for a period of three years, i e. , any persons posted as Resident Medical Officer or Registrar shall be entitled to a teaching experience for a period of three years only. For the purpose of selection for the posts of Resident Medial Officer and Registrar in different specialities applications are invited from the Officers of the Bihar health Services by advertisement and a pauel is prepared on the basis of the criteria laid down for the purpose. From the aforesaid panel, which is really a merit list of the applicants, Medical Officers are posted as Resident Medical officers and Regibtrars in different specialities. It has bee