JUDGMENT

1. The instant case has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

2. The present writ petition has been filed seeking the following reliefs:-

"(i) For directing the concerned respondent to issue appointment letter in favour of the petitioner, to be appointed on the post of Senior Resident/Tutor, as the persons above the petitioner, in the panel list have not joined.

(ii) For directing the concerned respondent to remove all those Senior Resident/Tutor who have completed 3 years tenure as Senior Resident. Because as per the "Senior Resident, Tutor and Bihar Medical Education Service Cadre Recruitment, Appointment and Promotion Rules, 2008" and subsequent upon "Senior Resident/Tutor and Bihar Medical Education Service Cadre Recruitment, Appointment and Promotion (Amendment), Rules, 2013", (hereinafter referred to as 'the rules'), the tenure of the said post is only for three years.

(iii)For directing the concerned respondent to remove/not to take into consideration the persons who have already completed or have done/produced experience of senior resident/tutor once earlier.

(iv) For directing the concerned respondent to take all the vacancies in consideration accruing till 31.12.2020, for the purposes of filling the post of the Senior Resident/Tutor from the panel list prepared through/by the advertisement no. 8 of 2019 of Health Department, Government of Bihar. Because as per the rule (Annexure-"C" to the rule) the vacancy accruing till 31.12.2020 have to be filled up by the 2019 panel.

(v) For directing the concerned respondent to allocate 20% post for candidates who have acquired post graduate degree from any recognized institution, outside the State, as has been stipulated in advertisement itself.

(vi) For directing the concerned respondent to prepare a fresh panel list taking into consideration all aforesaid aspect into consideration."

3. The brief facts of the case are that an advertisement bearing Advertisement No. 8 of 1990 was published by the Health Department, Government of Bihar for appointment on the post of Senior Resident / Tutor dated 03.10.2019. As far as the petitioner is concerned, he is stated to have completed his MBBS course in the year 2015 from Choudhary Charan Singh University, Meerut and had then obtained the post graduate degree i.e. Master of Surgery from Tirthankar Mahabir University in the year 2019 as also had obtained the degree of M.S. in Orthopaedics from the said University. The petitioner had applied in pursuance to the aforesaid advertisement on 16.10.2019, for being appointed in the department of Orthopaedics.

4. The learned counsel for the petitioner has submitted that a merit list of eligible candidates was published, as against three vacancies under the unreserved category in the Orthopaedics Department, out of which one vacancy was earmarked for a female candidate. It is submitted that as far as the petitioner is concerned, he has been shown to be at serial no. 6 in the merit list and apart from him three people in the unreserved category were placed above him i.e. at serial nos. 2, 3 & 5. The learned counsel for the petitioner has also submitted that the candidates at serial nos. 2 & 3 who were above the petitioner in the panel under the unreserved category were appointed vide letter dated 06.02.2020, however, both of them did not join, even after extension of time being granted to them. The learned counsel for the petitioner has referred to the Senior Resident, Tutor and Bihar Medical Education Service Cadre Recruitment, Appointment and Promotion Rules, 2008 (hereinafter referred to as the 'Rules, 2008'), more particularly to Rule 6 (b) to submit that any person, who has been appointed on any tenure post can hold the post only for one term. The learned counsel for the petitioner has lastly submitted that since the candidates at serial nos. 2 & 3 of the provisiona