Archana Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1606 of 2020 ====================================================== 1.

Archana Kumari wife of Arun Kumar Resident of Village- Nisanpura, Post Office- Khushalpur, P.S. Telhara, District- Nalanda Pin Code- 801306. 2.

Rita Sinha wife of Dharmendra Kumar Resident of Village- Mobarakpur Sanda, P.O.- Islampur, Police Station- Islampur, District- Nalanda. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Health Department, Government of Bihar, Patna.

2.

The Director, State Health Society, Bihar, Patna. 3.

The Incharge (HR), State Health Society, Bihar, Patna. 4.

The Executive Director, State Health Society, Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prakritita Sharma For the Respondent/s :

Mr.Ajay Behari Sinha (Ga8) ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 18-02-2020 Heard counsel for the petitioners and counsel for the respondents-State.

Petitioners' counsel submits that the petitioners were applicants for appointment as ANM (Auxillary Nurse Midwifery) in the process conducted pursuant to Advertisement No. 2/2016.

The authorities cancelled the appointment process without assigning any reason and come out with a fresh advertisement bearing Advertisement No. 12/2019. It is submission of petitioners' counsel that the petitioners who are unreserved category, on account of lapse of

Patna High Court CWJC No.1606 of 2020(2) dt.18-02-2020 2/2 three years in between, have been barred on age category since they have crossed the maximum age, now prescribed in Advertisement No. 12/2019.

Writ petition has been filed by the petitioners on 22.01.2020. Last date for submission of application form and payment of fee pursuant to Advertisement No. 12/2019 was 20.01.2020. Petitioners were required to approach this court before the last date for submission of application form for invoking jurisdiction in respect of terms and conditions raised in the advertisement. Writ petition has admittedly been filed after last date fixed in the advertisement.

In view of such circumstance, this court is not inclined to interfere with Advertisement No. 12/2019, as by now applicants have already submitted their forms pursuant to said advertisement, giving rise to third party rights. The writ petition suffers from the vice of delay and latches.

Writ petition is dismissed.

(Madhuresh Prasad, J) s.hassan/- U