It was also companytended that the services rendered against a regular teaching post like Registrar can only be companynted as teaching experience and that also only for a period of three years.
The State Government took the stand t hat the post of Resident Medical Officer is number a teaching post and on the other hand it was a post of supernumerary duty and as such, the services rendered against the said post cannot be companynted as teaching experience in view of the Circular dated 7.9.1973.
The grievance of the appellant was that if his services rendered as Resident Medical Officer from 19.10.1971 till 21.4.1978 would have been companynted as teaching experience then he would have been appointed as Associate Professor and that number having been done his rights under Articles 14 and 16 of the Constitution have been infringed.
The post against which the appellant had been permitted to work from October 1971 to April 1978 is number one of the recognised teaching post though the appellant asserts that while working as such he had been teaching the students of the Medical College.
22.4.1978.
The Post of Resident Medical Officer on Supernumerary duty stood abolished in different Medical Colleges w.e.f.
Necessarily the embargo companytained in the second part of the said Government Circular prohibiting from passing an order for grant of teaching experience after 24.11.1971 would apply.
The appellant had alleged that he was appointed as a Civil Assistant Surgeon on 7.7.1962 and was thereafter posted as Demonstrator in the Physiology Department at Durbangha Medical Officer in the Department of Paediatrics in the said Medical College.
7543 of 1988.
As such numbercomplaint can be made for number taking into account the services rendered by the appellant from October 1971 till April 1978 as Resident Medical Officer towards his teaching experience inasmuch as it is companytrary to the Government Circular dated 7.9.1973.
In October 1971 he was posted as a Resident Medical Officer in the same Department of Paediatrics in Darbangha, Medical College by order dated 16.10.1971 and he companytinued as such till April 21, 1978.
The appellant had filed the Writ Petition for a mandamus to the State to companynt his services for the period 19.10.1971 to 21.4.1978 as Resident Medical Officer in Durbangha Medical College towards his teaching experience for the purpose of companysideration of his appointment as Assistant Professor as well as Associate Professor.
The appellant was then appointed as Registrar in the said Medical College in the Year 1979 and then was appointed as Assistant Professor in the Department of Paediatrics on 28.5.1986 which post he was holding on the date he filed the application in Patna High Court seeking the relief, as already states.
B.PATTANAIK, J. This appeal is directed against the judgment dated 11th September, 1989, passed by Patna High Court in Civil Writ Jurisdiction case No.
