In this appeal against the dismissal of a writ petition, the High Court at Ranchi held that the appellant was not entitled to appointment as Reader/Associate Professor in the Dental Department of RIMS due to lack of essential qualification regarding five years' experience.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI L.P.A No. 08 of 2016
Dr. Om Prakash, son of Sri Lakshmi Nandan Karn, resident of 404A, Lotus Apartment, Bariatu, PO & PS Bariatu, District Ranchi
... … Appellant
Versus
For the Appellant : Mr. R. Krishna, Advocate Mr. Saurav Arun, Advocate For the Respondent-State : Mr. Rishi Pallav, JC to AG For the Respondent-RIMS : Mr. Rajesh Kumar, Advocate For the Respondent-UoI : Mrs. A. R. Choudhary, Advocate
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CORAM: HON’BLE MR. JUSTICE VIRENDER SINGH, CHIEF JUSTICE HON’BLE MR. JUSTICE SHREE CHANDRASHEKHAR
09 / Dated:16th August, 2016 Per Virender Singh, C.J.
In all three doctors, including the appellant filed the writ petition for appointment on different posts in Dental Department of RIMS. On dismissal of their writ petition, only writ petitioner no. 3 (Dr. Om Prakash) has chosen to file the instant appeal.
Admittedly, it is not averred in the writ petition or even in the memo of appeal with regard to five years' experience having obtained by the appellant in the concerned subject (Oral and Maxillofacial Surgery and Oral Implantology) as
Reader/Associate Professor. The contention raised by the appellant otherwise also does not merit acceptance. We find no contradiction in the rules and regulations framed thereunder. Lack of essential qualification alone is enough ground to dismiss the instant appeal. Ordered accordingly .
(Virender Singh, C.J.)
(Shree Chandrashekhar, J.)
Manish/Amit
2 issues framed by the court
Whether the appellant is entitled to appointment as Reader/Associate Professor post in Dental Department in view of lack of essential qualification of five years experience.
Whether the writ petition filed by other writ petitioners against rejection of their appointment can be termed as an application for non-appointment under the guidelines framed by DGHS.
Dr. Om Prakash
The State of Jharkhand
The Principal Secretary, Health Department, Govt. of Jharkhand
The Director, Rajendra Institute of Medical Science, Ranchi
The Union of India
Dr. Aditya Narnoly
Virender Singh
Shree Chandrashekar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
