The life of a panel prepared for appointment/posting on teaching posts in Medical Colleges of Bihar was twelve months from the date of its approval by the State Government, and the panel could be used beyond twelve months only in exceptional circumstances.

Krishna Ballabh Sinha, J.- The State of Bihar in the Department of Health lame out with an advertisement in a local newspaper "AAZ" on the 1st of June, 1983, inviting applications from eligible candidates for preparation of panels for appointment/posting on various teaching posts in different Departments of the Medical Colleges of this State. A copy of the advertisement is Annexure 2 to this petition (C.W.J.C. No. 2848/88). It is mentioned in Annexure 2 that a panel will remain operative for twelve months from the date of its approval by the State Government or until a fresh panel is prepared.

2. Two learned Judges, forming a Bench of this Court, were divided in their opinion as to the decision to be given with regard to the life of the panel prepared in pursuance of the said advertisement (hereinafter referred to as 'the 1983 Panel"), which necessitated reference of these cases under Clause 28 of the Letters Patent. Although, learned Judges, in their separate judgments have expressed divergent views, but it appears that it was not considered necessary by their Lordships to specifically formulate the point, on which difference of opinion was expressed. On perusal of the prepared judgment, I find that the primary question for determination is as to what is the life of the 1983 Panels. Learned counsel appearing on behalf of the parties also stated that the difference of opinion between the two Hen'ble Judges was over the point mentioned above.

3. This petition (C.W.J.C. No. 2848/88) was filed on 28.4.88 in which originally only four officers of the Government of Bihar in the Department of Health and in the Department of Medical Education and Family Welfare were made respondents Subsequently, on an application filed by Dr. (Smt.) Alka Pandey, under the proviso to Rule 5 of Chapter XXLC of the Patna High Court Rules, she was allowed to appear as respondent no. 5 by order dated 15.6.1988. Thereafter, two separate applications under the said provision were filed by Dr. Vishnu Ratan and Dr. Basant Singh and they were also allowed to appear as respondents no. 6 and 7 by the order dated 14.7.1988.

4. During the pendency of the petition (C.W.J.C. No. 2848/89), two writ petitions, C.W.J.C. No. 4216 of 1988 and C.W.J.C. No. 4777 of 1988, were filed on 8.6.88 and 8.7.88, respectively. As the main points involved in these petitions are common, so they were heard together with the main petition (C.W.J.C. No. 2848/88).

5. Before dealing with the point at issue, it is relevant to notice the system of functioning of teachers in different Medical Colleges of this State. Under the State of Bihar in the Department of Health, there are teaching as well as non-teaching posts of Doctors. Teaching posts are available in the Medical Colleges in different grades, as indicated herein below :-

(i) Registrar/Resident Medical Officer/Resident Surgical Officer.

(ii) Assistant Professor.

(iii) Associate Professor.

(iv) Professor.

(v) Principal.

After passing the M. B. B. S. Examination, a Doctor is eligible for appointment in the State Health Services as Medical Officer. Thereafter, two avenues are open to the Medical Officers in this cadre, that are commonly known as teaching and non-teaching posts. A candidate having two years experience as Medical Officer becomes eligible for appointment/posting in the basic teaching post of Registrar/Resident Medical Officer (in short R. M. O.)/Resident Surgical Officer (in short R. S. O.). A panel is prepared on the basis of merit according to the criteria laid down by the State Government of suitable candidates for posting on the teaching posts of Registrar/R. M. O./R. S. O, which is known as Junior Teaching post. The next higher post is that of the Assistant Professor on the teaching side. For appointment on the point of Assistant Professor, a candidate, having teaching experience of three years is eligible. In the channel of promotion in the teaching side, the next higher post is that of the Associate Professor and then