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2007 DIGILAW 900 (JHR)

Awadh Kishore Narain v. State Of Jharkhand

2007-12-05

N.N.TIWARI

body2007
JUDGMENT Narendra Nath Tiwari, J. 1. In this interlocutory application, the petitioners have prayed for remission of more sets of court fees on the ground that though there are 44 petitioners, they have made common prayer for quashing the advertisement dated 19 th April, 2007 (Annexure-5). From perusal of the relief prayed for, it is evident that no separate relief has been sought by the petitioners and as such, the court fee paid by them is sufficient In view of the above, this interlocutory application is allowed. The objection regarding non-payment of more than one set of court fee is overruled. I.A. No. 2769 of 2007 is disposed of. W.P. (S) No. 3532 of 2007 & I.A. No. 3222 of 2007: In this writ petition, the petitioners have prayed for quashing Advertisement No. 4 of 2007 dated 19 th April, 2007 published by the Jharkhand Public Service Commission, whereby 75 posts of Tutor/Senior Residents, Medical Officers and Senior Surgical Officer have been advertised for appointment, whereas the petitioners have been working against the sold posts. The petitioners have also prayed for a direction on the respondents, restraining them from disturbing the petitioners from the posts they are holding in medical college. 2. In I.A. No. 3222 of 2007, the petitioners have further prayed for quashing the advertisement dated 14 th November, 2007, whereby the candidates have been called for interview for appointment on the aforesaid posts. 3. Mr. Manoj Tondon, learned Counsel, appearing on behalf of the petitioners, prayed for hearing and final disposal of the writ petition and interlocutory application in view of the urgency of the matter. Learned Counsel for the respondents also agreed for the same. Thus, the writ petition and interlocutory application have been taken up for hearing and final disposal at this stage itself. 4. Now the fresh advertisement has been issued for appointment of the candidates against the posts, which are already held by the petitioners. The petitioners have brought their letters of appointment dated 2 nd March, 2005 on record, as. Annexure-3 to the writ petition. On the basis of the said appointment, gradation list of the teachers of Medical Colleges has been published and in that list, the names of the petitioners appeared at their respective places. 5. The petitioners have brought their letters of appointment dated 2 nd March, 2005 on record, as. Annexure-3 to the writ petition. On the basis of the said appointment, gradation list of the teachers of Medical Colleges has been published and in that list, the names of the petitioners appeared at their respective places. 5. According to the petitioners, they have been working on different posts of Tutor, Senior Residents and Medical Officer on being appointed earlier, pursuant to the advertisement dated 1 st October, 2004, contained in Annexure-1. It has been stated that they had appeared in the test and were selected. They were appointed against fhe vacant posts. 6. Mr. S. Piparwall, learned Counsel, appearing on behalf of the Jharkhand Public Service Commission, submitted that the claim of the petitioners that they were appointed on teaching posts and they are holding the posts after due appointment is without any basis. The appointment letter, brought on record, as Annexure-3, clearly goes to show that ad hoc appointments were made in order to conform to the required norms and provisions of the Medical Council of India and the said ad hoc appointment was provisional and till further order. If has been submitted that the Medical Colleges of the State are facing the risk of de- recognition for want of teachers. A public interest (sic) was filed, being W.P. (PIL) No. 1428 of 2005, In the said writ petition, directions were issued to take appropriate step to fill up the vacancies by making regular appointments. 7. In view of the said direction of this Court, the State Government took step to make regular appointment against teaching posts of Medical Colleges. Accordingly, on the basis of requisition of the State Government, the Jharkhand Public Service Commission has advertised the posts and has started the process for appointment of regular teachers against the sanctioned teaching posts. The petitioners, who have been working on ad hoc basis, were also given liberty o take part in the process and come of the petitioners have applied for the post (s) and are to appear in the test. 8. Learned J.C. to Sr. S.C.I, almost in similar the, submitted that in view of the direction made in the P.L. for regular appointment, steps have been taken to comply with the directions in order to protect the Medical Colleges from derecognition. 8. Learned J.C. to Sr. S.C.I, almost in similar the, submitted that in view of the direction made in the P.L. for regular appointment, steps have been taken to comply with the directions in order to protect the Medical Colleges from derecognition. The posts have been advertised for regular appointment of teachers in Medical Colleges. It has been stated that there ha; been no regular appointment earlier and ad hoc arrengement was made provisionally, till further order in order to pring some teachers to Mahatma Gandhi Memorial Medical College, Jamshedpur by Notification No. 2/Est.-3-09/2004 26(2) dated 2 nd March, 2005. 9. After hearing learned Counsel for the parties and considering the materials on record, I find that by notification dated 2 nd March, 2005 (Annexure 3), the petitioners were provisionally posted in Mahatma Gandhi Memorial Medical College, Jamshedpur on ad hoc basis on their own pay scale the relevant part of the said notification eads as follows: Adhisuchna Sankhya-2/Astha. 3-09/2004-26 (2)/ Dinank 2.3.2005 Bhartiyachikitsa Parisha, Naie Deilli Dwara Mahatma Gandhi Smarak Chikitsa Mahavidyalay Jamshedpur Ka Dinank 27-28 December, 2004 Ko Kiye Gaye Niyojan Ke Aalok Me Bhartiya Chikitsa PARISHAD Ke Mapdand, Ko Pura Karne Ke Liye Akikrit Bihar Rajya Ke Swasthya Seva Samvarg/Shaikshanik Sambarg Ke Ichhuk Evam Avashyak Yogayatadhari Chiktsko Ke Seva Shaikshanik Samvarg Me Lene Ka Nirnay Lete Huye Nimnukht Chiktsko Ko Unke Apne Hi Vetanman Me Karyakari Veyavasthanantargat Karyabhar Grahan Karne Kl Tithi Se Unke Nam Ke Samaksh Uchit Vibhag Evam Pad Par Mahatma Gandhi Smarak Chikitsa Mahavidyalay Jamshedpur Me Agle Aadesh Tak Opbandhik Rup Se Pad Sthapitkiya Jata Hai (Emphasis supplied) 10. On perusal of the said notification, it is clear that the petitioners were posted in the said Medical College at their own pay scale, provisionally, till further order. The said notification, thus, cannot be taken as a letter of appointment permanently posting the petitioners on the teaching posts. The same, being only ad hoc working arrangement till further order, cannot be held to be regular appointment on teaching post. 11. In view of the above, even if the petitioners names appear in same gradation list that does not go to change the ad hoc nature of the petitioners appointment into regular appointment. The same also cannot change the petitioners service cadre. 12. There is, thus, no merit in this writ petition and the same is, accordingly, dismissed. 11. In view of the above, even if the petitioners names appear in same gradation list that does not go to change the ad hoc nature of the petitioners appointment into regular appointment. The same also cannot change the petitioners service cadre. 12. There is, thus, no merit in this writ petition and the same is, accordingly, dismissed. For the aforesaid reasons, I.A. No. 3222 of 2007 is also rejected. No order as to cost.