The main legal point established is that entitlement to promotion and seniority in the Bihar Medical Education Services is contingent upon fulfilling the requisite teaching experience as outlined in the Bihar Medical Education Services Cadre and Recruitment Rules, 1997.

Jyoti Saran, J.

1. These two appeals preferred under Clause 10 of the Letters Patent arise from the judgment and order dated 26th April, 2006 passed by the learned single Judge in above C.W.J.C. No. 11332 of 2004.

2. The Letters Patent Appeal No. 465 of 2006 is preferred by one Dr. Vishvendra Kumar Sinha, at present Associate Professor (Orthopaedics), Patna Medical College and Hospital. It is the grievance of the said appellant that the impugned judgment and order, if implemented, would adversely affect his seniority as an Associate Professor and that the respondent no.1-the writ petitioner will gain undue advantage in the matter of seniority and further promotion. The Letters Patent Appeal No. 486 of 2006 has been preferred by the State Government. The Letters Patent Appeal No. 465 of 2006 is admitted to final hearing subject to its maintainability.

3. The facts, shorn of unnecessary details, leading to the present appeals are as under:

4. The respondent no. 1 Dr. Narendra Narain Rai (hereinafter referred to as the petitioner) was, under notification dated 4th August 1983 appointed by the State of Bihar as Civil Assistant Surgeon in Bihar.State Health Services. On his joining the petitioner was posted in Sandesh Block of Bhojpur district. After joining as Civil Assistant Surgeon the petitioner availed of the study leave and pursued higher education to obtain a Diploma in Orthopaedics in the year 1985 and a degree of M.S. (Orthopaedics) in the year 1987. His. service as Civil Assistant Surgeon was regularized on 31st December, 1986. Once again the petitioner availed of ex-India study leave for three years from 1990 to 1993 and obtained the qualification of M.Ch. (Orthopaedics) and F.R.C.S. from England. Since his return from the study leave he was posted as Medical Officer at Referral Hospital, Paliganj, District-Patna on 21st October, 1993.

5. While serving as Medical Officer the petitioner applied for appointment to the post of Registrar in Orthopaedics as a direct recruit. Pursuant to his selection and appointment, the petitioner was posted as Registrar, Department of Orthopaedics at Jawaharlal Nehru Medical College and Hospital, Bhagalpur under Government Notification dated 9th May, 1994. Pursuant to the said notification he reported for duty on 13th May, 1994. On 14th May, 1994 he proceeded on leave up to 20th May, 1994. On expiry of the period of the said leave he did not report for duty at Bhagalpur. In view of his continuous absence without leave, under order dated 4th September, 1996, the petitioner was placed under suspension. While under suspension his headquarter was kept at Patna. During the period of suspension he remained at Patna. Although the said suspension order was revoked on 17th February, 1997 the petitioner did not report to duty at Bhagalpur until 22nd December, 1997.

6. In the meantime, under Notification dated 21st May, 1997, the State of Bihar, in exercise of powers conferred by proviso to Article 309 of the Constitution, framed the Bihar Medical Education Services Cadre and its Constituent Cadres Recruitment Rules, 1997 (hereinafter referred to as "the Rules"). Under Rule 5 of the said Rules the teaching cadres of Resident Doctor, Registrar, Assistant Professor, Associate Professor, Professor and Principal in the Medical Colleges and Hospitals are consolidated under one service, namely, Bihar Medical Education Services. The said Rule further provided that the officers already serving on the aforesaid posts would be required to submit their option by the specified date either to continue in the Bihar Medical Education Service or to return to the Bihar Health Service. It is the case of the petitioner that pursuant to the aforesaid Rule 5, he being a Registrar in a Medical College and Hospital, he had the option to continue on the said post in the Bihar Medical Education Services. He had accordingly submitted his option in the requisite form before the specified date. Photocopy of the said opt