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Patna High CourtCWJC/18278/2021disposed

Dr Anil Kumar v. The State Of Bihar

2024-02-28Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18278 of 2021 ====================================================== Dr Anil Kumar Son of Late Krishan Ballabh Senior Resident, Neuro Surgery Department, Patna Medical College and Hospital, Patna, Resident of MohallaVijay Nagar, P.S.- Patranagar, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Principal Secretary, Department of Health, Government of Bihar, Patna. 3.

The Additional Chief Secretary, Department of Health, Government of Bihar, Patna.

4.

The Under Secretary, Department of Health, Government of Bihar, Patna. 5.

The Principal, Patna Medical College and Hospital, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar Jha, Adv.

For the Respondent/s :

Mr.Ramadhar Singh ( Gp25 ) Mr. Harendra Kumar, AC to GP-25 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-02-2024 The present writ petition has been filed seeking the following reliefs:- "1(i). For direction to the respondents to consider the case of the petitioner for promotion on the post of Assistant Professor Super Speciality Neuro Surgery department, Patna Medical College and Hospital, Patna.

(ii). For direction to the Respondents to give promotion on the post of Assistant Professor as the petitioner fulfills the academic qualification

Patna High Court CWJC No.18278 of 2021(2) dt.28-02-2024 2/3 as per notification of medical council of India minimum qualification for teachers in medical institutions (Amendment) regulation 2019 (hereinafter referred as M.C.I regulation) and as has been granted to similarly situated doctors vide notification contained in order no. 41(17) dated 15.01.2013 by the respondent.

(iii). For direction to the respondent authorities not to relieve / disturb the petitioner from the post of senior resident, department of Neuro Surgery (super specialty) in Patna medical college and hospital in view of the recommendation made by head of the department, Neuro Surgery, Patna Medical College and Hospital Patna as well as till final decision on the representation of the petitioner by the authority concern."

2.

After some arguments, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Respondent No. 2, i.e. the Principal Secretary, Department of Heath, Government of Bihar, Patna. Liberty, so sought, is granted.

3.

It is needless to state that in case the petitioner approaches the Respondent No. 2, by filing appropriate representation, within a period of two weeks from today, the same shall be disposed off by a reasoned and a speaking order, in accordance

Patna High Court CWJC No.18278 of 2021(2) dt.28-02-2024 3/3 with law, within a period of six weeks, thereafter. 4.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Ajay/- U