Zeyauddin Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1924 of 2026 ====================================================== Zeyauddin Ahmad Son of Late Wazir Hasan, Resident of Village- Dantolia, P.S.- Barauli, District- Gopalganj, Bihar- 841405 and At present residing at House no. 397, Ward No- 24 opp, Railway Station Harakhuwan, P.S.- Gopalganj, Gopalganj, Bihar- 841428.

... ... Petitioner/s

Versus

1.

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

2.

The Deputy Secretary, Health Department, Govt. of Bihar, Patna. 3.

The Executive Director, State Health Society, Bihar, Patna. 4.

The Bihar Technical Service Commission (BTSC), through its Secretary, 19, Harding Road, Patna.

5.

The Additional Secretary, Bihar Technical Service Commission, Patna. 6.

The Civil Surgeon-cum-Chief Medical Officer, Gopalganj. 7.

The Civil Surgeon-cum-Chief Medical Officer, Buxar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Nivedita Nirvikar, Sr. Advocate Mr. Shashank Shekhar, Advocate Mr. Arya Achint, Advocate For the State :

Mr. Uday Prasad, AC to GP-22 For B.T.S.C.

:

Mr. Nikesh Kumar, Advocate Mr. Pravin Tiwari, Advocate For SHSB :

Mr. K. K. Sinha, Advocate Mr. Shashi Shekhar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 05-02-2026 Heard learned Sr. counsel for the petitioner, learned counsel for the State, learned counsel for the Bihar Technical Service Commission and learned counsel for the State Health Society Bihar, Patna.

2. Learned Senior Counsel for the petitioner submits that the petitioner is a Dental Doctor working at the Primary Health Centre, Baikunthpur since 2011 on an honorarium basis,

Patna High Court CWJC No.1924 of 2026(2) dt.05-02-2026 2/3 subject to execution of a formal agreement on a non-judicial stamp paper. Subsequently, the Bihar Technical Service Commission issued Advertisement No. 20/2025 for recruitment of 808 Dentists for regular appointment, wherein a total of 25 marks was stated to be allotted for work experience at the rate of 5 marks for each completed year of service, provided such experience has been gained as a Contractual Dentist in a Government Hospital of Bihar. Pursuant to the said advertisement, the petitioner applied for the post; however, his candidature was not considered by the Bihar Technical Service Commission on the ground that the petitioner was declared "overage". In this regard, the petitioner submitted a detailed representation dated 19.01.2026 before the Principal Secretary, Health Department, Government of Bihar, Patna, but till date no decision has been taken thereon.

3. Learned counsel appearing for the Bihar Technical Service Commission submits that the aforesaid representation was not submitted before the Bihar Technical Service Commission; rather, it was submitted before the Principal Secretary, Health Department, Government of Bihar, Patna.

4. In view of the above submissions and without entering into the merits or demerits of the case, this Court

Patna High Court CWJC No.1924 of 2026(2) dt.05-02-2026 3/3 directs the petitioner to file a fresh representation ventilating his grievance before the competent authority of the Bihar Technical Service Commission within a period of 30 days from today. Upon receipt of such representation, the Bihar Technical Service Commission is directed to consider all the points raised therein and pass a reasoned and speaking order within a further period of 30 days from the date of receipt/production of a copy of this order.

5. With the aforesaid observation and direction, the present writ petition stands disposed of.

(Dr. Anshuman, J) Ashwini/- U