ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE RAJIV ROY)

Date : 09-01-2024 The petitioner has preferred the present petition for the following relief:

(i) for declaring the advertisement no- 03/2023 dated 12.06.2023 Issued by Special Secretary Health Department Bihar, Patna as the same was advertised contrary to the rule framed in Bihar Ayush(Ayurvedic, Unani & Homeopathy) Medical Teaching Service Rule 2017 notified by the seal and signature of Additional Secretary to Government of Bihar vide its notification no-152(Ayush Chikitsah) dated 09.02.2017 and contrary to the provision of Bihar Ayush(Ayurvedic, Unani & Homeopathy) Medical Teaching Service Rule 2017 and also contrary to the Central Council to the Homeopathy regulation, 2013 being excess of power to the Constitution and various other central enactment as illegal, arbitrary, unconstitutional and ultra-virus and ultra- virus to the constitutional of India as enshrined in Part-3 of the Constitution of India and framed ignoring the Principal of Natural Justice (annexure-1), be issued;

(ii) for declaring the advertisement no- 03/2023 dated 12.06.2023 issued by Special Secretary Health Department, Bihar, Patna as the same was advertised contrary to the rule framed in 'Sankulp' for appointment of contractual Niyojan, Regular Teacher/Promotion against the vacant post of Associate Professor and professor in Bihar Ayush (Ayurvedic, Unani & Homeopathy) Medical collages for grant of recognition as per MSR in the Ayush Homeopathic Collages of Health Department Government of Bihar vide its memo no-167 Ayush Chikitsa dated 15.02.2023 notified by the seal and signature of Joint Secretary to Government of Bihar that the condition mentioned in the advertisement no-3/23 is also contrary to the rules framed and published by the Central Council of Homeopathy Principle Regulation Published in Gazette of India extraordinary on dated 08.03.2013 wherein it is specifically stated in schedule IV for minimum teaching staff for degree course and schedule V for minimum teaching staff in PG course separately but in advertisement UG & PG courses is not mentioned and not advertised separately rather both UG & PG post are mixed in advertisement, for appointment of teachers in RBTS Homeopathic College Muzaffarpur;

(iii) for quashing the advertisement no- 03/2023 dated 12.06.2023 that the condition mentioned in the advertisement no-3/23 is also contrary to the rules framed and published and against the letter memo no-132(Ayush 28.01.2019 Chikitsah) dated 28.01.2019 issued by deputy secretary of the government Bihar wherein it is specifically stated in PG course department in five subjects 2 post for professor, 5 post for Pravachak/Reader and 5 post for lecturers is available and no reservation is applicable against single post of the department while single post is also reserved in advertisement but in advertisement UG & PG courses post are mixed in advertisement, for appointment of teachers of Homeopathy and single post is also reserved. That total number of post is 21 out of which 7 posts are vacant for reader and 14 post is vacant is advertised for professor but in the advertisement only 13 post is mentioned for UG & PG courses which is contrary to the sankulp and is unsustainable;

(iv) for quashing the advertisement no- 03/2023 dated 12.06.2023 that the condition mentioned in the advertisement no-3/23 for working experience for all illegible applicants is given 1 marks per year for maximum period of 10 years will be 10 marks but as per Niyama Wall

2017 only government employee shall be given 2 marks per year for maximum period of 5 years will be of 10 marks is also contrary to the rules framed and published in Bihar Ayush (Ayurvedic, Unani & Homeopathy) Medical Teaching Service Rule 2017. That in Adv no-2/23 as per Niyama Wali 2017 only government employee shall be given 2 marks per year for maximum period of 5 years will be of 10 marks was properly followed So it is irrational, discriminatory and without