Manjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4644 of 2021 ====================================================== Manjay Kumar Son of Birendra Rai, Resident of Village-Jalalpur, Salha, P.O.- Jalalpur, District-Muzaffarpur.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, New Secretariat, Vikash Bhawan, Bailey Road, Patna.

2.

The Director-in Chief Health Service, New Secretariat, Vikash Bhawan, Bailey Road, Patna.

3.

The Exevutive Director, State Health Committee Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rakesh Kumar For the Respondent/s :

Mr. Nagendra Pd. Yadav, SC-23 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 01-02-2022 The matter is heard via video conferencing due to circumstances prevailing on account of the COVID-19 pandemic.

2. In the instant petition, petitioner has prayed for following reliefs:

"1. That, this is an application on behalf of the above named petitioner for issuance of appropriate writ(s), order(s), direction(s) to the Respondent authorities for the following relief(s):- (i) To issue writ mandamus in nature directing the respondent authorities to give fresh advertisement with direction to apply application for the post of GNM without resignation certificate and pass certificate because result of GNM has not published till date due to Covid-19 cases.

(ii) Further to issue writ mandamus in nature directing the Respondent authority to accept the petitioner's application without passing certificate with condition certificate must

Patna High Court CWJC No.4644 of 2021 dt.01-02-2022 2/2 be deposit after getting result of GNM.

(iii) To wny other relief(s) for which the petitioner is entitled for in facts and circumstances of the case."

3. Petitioner is not entitled to the aforesaid relief for the reasons that Respondent No. 3 advertised the post of GNM on 26.12.2020 by fixing the last date on 20th January, 2021 whereas the present petition was presented on 08.01.2021, i.e. much before the last date of submission of online application, namely 20th January, 2021.

4. In the light of these dates and events, petitioner is not entitled to the aforesaid relief. That apart, for issuance of writ of mandamus petitioner has not approached the concerned respondent.

5. In the light of Apex Court's decision in the case of Mani Subrat Jain V. State of Haryana & Ors. reported in A.I.R. 1977 SC 276, petitioner is not entitled to writ of mandamus unless he establishes legal/statutory right followed by demand before the competent authority. Accordingly, the instant petition stands dismissed.

(P. B. Bajanthri, J) rakhi/- AFR/NAFR CAV DATE Uploading Date Transmission Date