He assumed charge on the next day and was companyfirmed in that post on 11th December, 1976.
The Public Service Commission on being moved by the Government, issued the impugned advertisement inviting applications from members of the scheduled castes and the appellant was selected for appointment to the post.
Acting upon the roster the Joint Secretary to the Government, General Administration Department Personal made a proposal on 13th June, 1978 for reservation of the post of Deputy Director Homeopathic for members of the scheduled castes.
4 moved the High Court by a petition under Art.
A few essential facts would elucidate the nature of the companytroversy.
226 of the Constitution for the grant of an appropriate writ, direction or order.
From the Judgment and order dated 16.5.1980 of the Patna High Court in Writ Jurisdiction Case No.
v. State of Mysore, 1963 Suppl.
16 4 .
Although the appointment of the appellant has been declared to be invalid by the High Court, he is companytinuing to hold the post by virtue of the interim stay granted by this Court on 26th June, 1980.
He said that in the Directorate of Indigenous Medicines, three posts had been sanctioned 1 Director of Indigenous Medicines 2 Deputy Director Homeopathic and 3 Deputy Director Unani .
All these posts were Class I posts.
The State Government had in the meanwhile on the basis of the decision of this Court in M.R. Balaji Ors.
It appears that steps were thereafter taken to fill up the post of Deputy Director Unani and Dr. Mohammad Kamruzzama Kamar, Pradhyapak, Government Tibbia College, Patna was promoted and appointed to that post, and he is working on regular basis.
1430 of 1979.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
On 5th October, 1982 the Government sanctioned the additional post of Deputy Director Ayurvedic and this post was filled up by promotion of Dr. Smt.
On 14th March, 1974 the State Government appointed Dr. Nagesh Dwivedi, Manager, State Ayurvedic and Unani Medical Pharmacy, Bihar on an ad hoc basis to the post of Director Indigenous Medicines .
The Government however by order dated 30th May, 1979 appointed the appellant to the post of Deputy Director Homeopathic and he assumed charge to that post, and was later companyfirmed in the post.
Apprehending that the Government would appoint the appellant to the post, respondent No.
1 SCR 439 by its circular dated 8th November, 1975 prescribed a 50 point roster to implement the policy of reservation to posts and appointments for members of the backward classes under Art.
121/1978 issued by the Bihar Public Service Commission inviting applications for the post of Deputy Director Homeopathic in the Directorate of Indigenous Medicines, Health Department, State of Bihar from scheduled caste candidates, and the companysequent order of the State Government dated 30th May, 1979 for the appointment of the appellant Dr. Chakradhar Paswan to that post.
2315 of 1981.
The Judgment of the Court was delivered by SEN, J. This appeal by special leave is against the judgment and order of the Patna High Court dated 16th May, 1980 allowing the writ petition filed by respondent No.
At the time of creation of the separate Directorate, the Government sanctioned the posts of two Deputy Directors for each of the two remaining systems.
According to him, all the posts companyld be grouped together from the view point of reservation.
R. Srivastava for the Appellant.
After the qualifications had been prescribed in companysultation with Dr. Jugal Kishore, Advisor to the Government, the Health Minister passed an order on 28th July, 1978 for the reservation of the post of Deputy Director Homeopathic for a scheduled caste candidate.
Goburdhan and A. Sharan, for the Respondents.
Prior to 1974 the Directorate of Indigenous Systems of Medicines was a part of the Health Department.
4 Dr. Kameshwar Prasad and quashing the impugned advertisement No.
He suggested that according to the roster of appointments, out of these three posts the first, namely, that of Director which had been filled by Dr. Nagesh Dwivedi, be treated as unreserved, the second should be treated as a reserved for a scheduled caste candidates and the third should be unreserved.
The State Government on 6th May, 1978 directed the creation of a separate Directorate of Indigenous Medicines, the Director being from one of the systems of medicines companysisting of Ayurvedic, Unani and Homeopathic.
