The appointment of teaching staff should be based on seniority-cum-merit, and the guidelines laid down by the Indian Medical Council should be followed.

B. P. Jha, J. - In an application under Articles 226 and 227 of the Constitution, the petitioner has challenged the validity of annexures 12 and 17. By annexure-12, respondent no. 3 Dr. Basir Alam and respondent no. 4 Dr. Anant Kumar Mishra have been promoted to the post of Lecturers in Nalanda Medical College, Patna and Magadh Medical College, Gaya, respectively. By annexure-17, the representation of the petitioner was rejected by the Health Ministry of the State of Bihar.

2. The relevant facts are these:- The petitioner was appointed in the Bihar Health Service in the year 1962. He was posted as a Casualty Registrar in the Patna Medical College Hospital in between 28th January, 1965 and 29th June, 1966. He was also Registrar, General Surgery in Darbhanga Medical College Hospital between 24th May, 1971 and 23rd May, 1974, that is for three years. He was appointed as a tutor (Assistant Professor) in Orthopaedics on 25th July, 1975 and continuously worked as such till 10th February, 1978 (that is, for 2 years 6 months and 17 days), and he is still working on that post. According to him, he had thus teaching experience of about seven years, that is, 6 years 11 months 18 days.

3. It is being challenged by respondent no. 3 that the petitioner was a Casualty Officer and not Casualty Registrar and, as such, he had no teaching experience between 28th January, 1965 and 29th June, 1966. In this connection, learned counsel of the petitioner has referred to annexure-18. In annexure-18, the State Government clarified this position. It has been held by the State Government that those doctors who have held the post of Casualty Officers shall be Registrars (Casualty) with effect from 1st May, 1964. It is on the basis of annexure-16 the learned Counsel for the petitioner contends that the petitioner should be treated as Casualty Registrar and not Casualty Officer between 28th January, 1965 and 29th June, 1966. In my opinion, the contention of the learned counsel for the petitioner is correct. By annexure-16, the petitioner shall be treated as Casualty Registrar with effect from 28th January, 1965. I, therefore, hold that the petitioner had teaching experience from 28th January, 1965 to 20th June, 1966 (that is to say, for one year five months and one day). The petitioner had further teaching• experience as Registrar, General Surgery, between 24th May, 1971 and 23rd May, 1974, that is, for three years. He had also teaching experience as tutor from 25th July, 1975 and onwards upto this date, that is, 28th November, 1979. For the purpose of counting teaching experience as a tutor, the petitioner had teaching experience for two years 6 months and 17 days, that is, upto 10th February, 1978. It is on the basis of these statements of facts that the petitioner claim to be senior to respondents 3 and 4.

4. So far as respondent no. 3 Dr. Basir Alam is concerned, he was appointed in the State Health Service on 14th March, 1967 and he was appointed as Lecturer on 10th February, 1978. By that time, he had teaching experience for 5 years 8 months and 1 day in the Orthopaedic Department.

5. So far as respondent no. 4 Dr. A. K. Mishra is concerned, he was appointed in the State Health Service on 9th October, 1963. According to the petitioner, he acted as Resident Surgical Officer for three years and as Registrar and tutor between 24th February, 1975 and 10th February, 1978, that is, for 2 years 11 months and 15 days. In other words, he had teaching experience for 5 years 11 months and 15 days. According to the learned counsel for Respondent no. 4, however, Respondent no. 4 had the teaching experience as Resident Surgical Officer for three years 1 month and 8 days. He further states that he acted as Registrar in the Patna Medical College Hospital from 24th October, 1972 to 23rd April, 1974 and in the Bhagalpur Medical College Hospital from 24th February, 1975 to 20th April, 1976, that is, for about four years. Thereafter he was appointed as tutor on 21st