S.N.Jha, J.

1. As the issues involved in this batch of writ petitions are common, they have been heard together and are disposed of by this common order. The petitioners, 15 in all, are aggrieved by memo No. 729(17) dated 17.9.2002 of the Health, Medical Education and Family Welfare Department, to the extent of postings of Tutors in Physiology and Preventive Social Medicine (PSM) Departments in different Medical Colleges and consequential repatriation of the petitioners from the post to the Health Service Cadre. It may be stated at the outset that the repatriation of the petitioners is on the ground of lack of the post graduate qualification in the concerned subjects i.e. Physiology and PSM.

2. The case of the petitioner is that they had exercised option for the Medical Education Service Cadre in terms of Rule 6(ga) of the Bihar Medical Education Service Cadre and Recruitment Rules, 1997 (in short 1997 Rules), as a result whereof they become members of the teaching cadre i.e. the Bihar Medical Education Service Cadre and they cannot be repatriated or transferred to any other cadre without their consent. Further case of the petitioners is that in the advertisement and/ or or