Rita Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3424 of 2020 ====================================================== Rita Kumari Daughter of Ram Narayan Prasad, resident of Village- Balitola, P.o.- Sutihar, P.s.- Derni, District- Saran ... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Department of Home, Government of Bihar, Patna 2.
The Principal Secretary, Department of Home, Government of Bihar, Patna 3.
The Chairman, Kendriya Chayan Parishad (Sipahi Bharti), Sardar patel Bhawan, 6th Floor, Block A/626, Jawaharlal Nehru Marg, Patna 4.
The Principal Secretary, Department of Forest, Environment and Climate Change, Government of Bihar, Patna ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranvijay Singh, Adv.
For the State/s :
Mr. Manish Kumar (AC to GP4) For the CSBC/s :
Mr. Sanjay Pandey, Adv.
:
Mr. Binod Kumar Mishra, Adv.
:
Mr. Vivek Anand Amritesh, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 22-12-2023 Heard learned counsel for the petitioner, learned counsel for the State and counsel for the CSBC.
2. The present writ petition has been filed for directing the respondents to conduct medical test in pursuance of Advertisement No. 01 of 2019 afresh by independent Civil Surgeon-cum-Chief Medical Officer in transparent manner and declare the petitioner successful and further request has been made to modify the final result.
3. Counsel for the petitioner submits that petitioner has appeared in Advertisement No. 01 of 2019 inviting
Patna High Court CWJC No.3424 of 2020(2) dt.22-12-2023 2/3 applications for the post of Forest Guard. He submits that petitioner is female belongs to EBC category. Counsel further submits that petitioner has appeared in the written examination and declared qualified for medical test and in the medical test, petitioner appeared and declared unfit due to "Knock Knee". Counsel submits that the said result of "Knock Knee" has been made with oblique motive due to which she could not be selected. Counsel also submits that there are in total 162 seats have been meant for EBC category and 21 seats remained vacant.
4. Counsel for the State submits that after completion of written examination, petitioner appear in physical examination test on 18.10.2019 and medical test of the petitioner was held on 21.10.2019 in which petitioner was found medically unfit due to "Knock Knee". Counsel submits that final result has been published on 22.11.2019 in which 879 candidates got declared successful out of 902 vacancies under the said Advertisement No.01 of 2019.
5. Counsel has relied on a Judgment of Aram Sagar Sah & Ors. Vs. The State of Bihar & Ors. decided on 31.01.2020 in C.W.J.C. No.24403 of 2019.
6. After going through the argument and upon perusal
Patna High Court CWJC No.3424 of 2020(2) dt.22-12-2023 3/3 of the records, this Court is of the view that the petitioner was found physically fit, but scrutiny has been made by the medical committee of all the candidates in which some candidates were found fit and some candidates were found not fit medically merely by way of making allegation.
7. As such, this Court is not inclined to interfere into the matter and accordingly, this writ petition stands dismissed. (Dr. Anshuman, J.) Prakashmani/- U