S. N. Jha, J.

1. - This writ application has been filed for direction for payment of salary as Assistant Professor in Pathology in Nalanda Medical college to the petitioner as also for consideration of his case for promotion to the post of Associate Professor.

2. The petitioner was appointed by the then Board of Management, nalanda Medical College as tutor in the department of Bio-chemistry on 15-3-1970. He was re-appointed as tutor in the department of Pathology on 14-7-1975. The College was taken over Under the Bihar Private medical College (Taking over Management) Ordinance 1976, later enacted into Bihar Act 5 of 1978. The petitioner was appointed as Assistant professor by order of the Chairman, Board of Control on 2-2-1978. It is said that the Screening Committee constituted under Sec.6 (2) of the Act, vide resolution dated 23-1-1979, submitted its report according to which the netitioner was found eligible for promotion as Assistant Professor with "effect from 14-6-1978 since his claim for payment of salary as assistant Professor remained outstanding, he filed the instant writ application on 9-5-1983 making a further prayer for his promotion as Assistant professor. It appears that during the pendency of the writ application, the petitioner was promoted as Associate Professor on 20-11-1983,

3. The petitioner has asserted that he is entitled to reckon his appointment as an Assistant Professor with effect from 2-2-1978 when the chairman, Board of Control, the competent authority, passed an order to that effect or, alternatively, with effect from 14-6-1971 from which date he was found to be eligible for such appointment by the Screening Committee, he has also made a grievance that several persons who were not Assistant professors on 2-8-1978 have been placed above the petitioner in the list and shown senior to him as Associate Professor.

4. The respondents accept the appointment of the petitioner as tutor in Pathology on 14-7-1975. They also do not dispute the fact that the petitioner had been found eligible for appointment as Assistant Professor with effect from 14-6-1978 by the Screening Committee. According to them however, the Screening Committee only decided the eligibility of the petitioner but he was never appointed to the post of Assistant Professor. According to the respondents further, appoinment of the petitioner as associate Professor on 20-11-1983 was in terms of the norms laid down in the Government Resolution contained in Memo Nos.3277 (1) dated 23-11-1976 and 1990 (1) dated 24-5-1978 of the Health Department.

5. There does not appear to be any dispute that, unlike clinical pubjects, the aforesaid resolutions did not provide for automatic redesignation of the incumbents of the post of tutor in non-clinical subjects, like pathology, as Assistant Professor. As a matter of fact, as would appear from the resolution dated 23-11-1976, the erstwhile post of demonstrator in non-clinical subjects was made equivalent to tutors post. There also does not appear to be any dispute that, as regards non clinical subjects, the post of tutor is lower in the heirarchy carrying lower scale of pay than Assistant Professor. In these premises, it is difficult to appreciate as to how a person supposedly holding the post of tutor could be straightway appointed as an Associate Professor. Reliance placed by the respondents on resolutions dated 28-11-1976 and 24-5-1978 appears to be somewhat misconceived. From perusal of the two resolutions, in so far as relevant, it would appear that they provide for criteria of redesignation of different posts and lay down the eligibility for appointment. They do not provide that a tutor in non-clinical subject will be redesignated as assistant Professor, unlike clinical subjects, or that a tutor on attaining certain teaching. experience will be eligible for appointment as an Associate professor. As a matter of the fact, resolution dated 23-11-1976 provides that three years teaching experience (