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.

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