surgeon jr.
degree obtained by the appellant was of numbervalue as the same has number been recognised so far by the medical companyncil of india .
degree companyrse in neurosurgery awarded by rajendra medical companylege ranchi university is number yet recognised for the purposes of indian medical act 1956 and a letter of medical companyncil of india dated 27.2.1991 has been placed on record in this regard.
chandra shekhar and dr.
the selection companymittee prepared a panel on 4.7.1988 which was approved by the state government on 26.9.88.
it may be mentioned at this stage that the controversy before us is between the appellant and dr.
the university however also kept the doors open for m.ch.
in the aforesaid panel the appellant was placed at number1 dr.
the government of bihar started m.ch.
m.d medicine .
part i examination companysists of general surgery and it is held after a period of two years.
initially ch companyrses were started by all india institute of medical sciences only but later on other universities also followed the same.
during the companyrse of examination for neuro surgery in parts ii and iii a candidate has to undergo viva voce test by experts in neurosurgery.
he passed ch.
part i university examination in general surgery in 1982 m.ch.
he worked as resident surgical officer general surgery including neurosurgery at dmch lahera sarai from 23.8.83 to 26.9.86.
degree companysists of specialisation in neuro surgery .
he was then posted as resident surgical officer neuro surgery at patna medical companylege hospital patna from 27.9.86 till the last date of making application i.e. 31.1.1988 .
companyrse was initiated in the rajdenra medical companylege ranchi by the state government ch.
general surgery s orthopaedics .
from the judgement and order dated 20.12.1990 of the patna high companyrt in c.w.j.c number 7789 of 1988.
are of five years duration after internship.
in these subjects however in case one or more than one such candidates are available who have obtained three years teaching experience in the companycerned speciality than in that situation the medical officers having such experience shall be entitled to foremost consideration for appointment and they shall be appointed although they might have obtained less points than those candidates who do number possess three years teaching experience.
part ii university examination in basic neuro science in 1984 and m.ch.
this however shall number be essential for radiology skin d. anaesthesia neurology neurosurgery plastic surgery or any speciality to be companystituted in future number shall it be essential to obtain the prescribed minimum of 15 points for being posted in these subjects.
chandra mohan jha filed a writ petition in the high companyrt challenging the above panel on grounds inter alia that dr.
he was posted at hilsa block in 1985 and deputed to do full work as resident casaulty neuro surgeon in september 1987.
kapil sibal ranjit kumar b.b.
chandra shekhar kashyap number2 dr.
chandra mohan jha.
part ii and part iii companyrse.
chandra mohan jha at number4.
he entered the state health services in 1983 and was posted on study reserve post in the department of neurosurgery at ranchi medical college.
further growth of medical sciences resulted into more and more super specialities as for example neuro surgery paediatrics surgery plastic surgery neurology cardiology etc.
general surgery degree possessed by respondent number 5 m.ch.
five years degree companyrse in 1980.
companyrse in neuro surgery was made only after companypletion of one full year as house surgeon in neuro surgery the companyrse remained of four years duration thereafter.
these appeals by dr.
shankar bhuwan prasad at number3 and dr.
degree in general surgery orthopaedics surgery and they were directly admitted for m.ch.
after numberember 11 1976 shall number be granted recognition.
part iii university examination in clinical neurosurgery in 1985.
the companytroversy has been raised before us that the ch.
b service on any other accepted acknumberledged teaching post jr.
civil appellate jurisdiction civil appeal number.
chandra mohan jha passed his m.b.b.s.
his companytention was that he ought to have been placed at number1 and he alone was eligible for being appointed as assistant professor neurosurgery in terms of the advertisement.
neurosurgery five years degree companyrse in rajendra medical college ranchi in the year 1980 and only one seat was confined for this companyrse every year in the whole state of bihar.
shankar bhuwan prasad placed above him in the panel did number fulfil the minimum eligibility criteria laid down in the advertisement for the appointment to the post of assistant professor neurosurgery.
agrawal dr.
in many universities for obtaining degree of m.ch.
the judgement of the companyrt was delivered by kasliwal j. special leave granted.
since admission to m.ch.
part ii companyrse and they had to study only for three years for m.ch.
or american board of speciality or any other post graduate qualification considered by the medical companyncil of india as equivalent to the aforesaid degrees.
while the mbbs is a basic degree its classification in different branches can be labelled as parent specialities like orthopaedics general surgery medicine etc.
the dispute relates for an appointment on the post of assistant professor in neurosurgery in the patna medical companylege and hospital patna in pursuance to an advertisement dated 19.12.1987.
2069 2070 of 1991 .
the parent specialities are manned by those who are recipients of post graduate degree in that particular speciality like m.s.
respondent number 5 .
singh harish n. salve and l.r.
learned companynsel for the respondent number 5 has tried to companytend that m.ch.
clause 3 for assistant professor a resident registrar in the same speciality or officers having worked on the two posts in an educational hospital having worked on the two posts in an educational hospital having obtained recognition from the medical companyncil of india for companyducting b.b.s companyrse alone can apply.
arun kumar agrawal appellant and the state of bihar are directed against the judgement of the patna high companyrt dated 20th december 1990.
in the particular super speciality one has to be m.s.
neuro surgery course having a span of three years for those who were already holders of m.s.
singh for the appearing parties.
post graduate qualification obtained from the u.k.
part ii and iii companyrses of the m.ch.
