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Patna High CourtCWJC/2407/2016disposed

Vikash Chandra Guddu Baba v. The State Of Bihar And ORS

2016-11-08Mr. Justice Ahsanuddin Amanullah,Mr. Justice Hemant Gupta3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2407 of 2016 =========================================================== Vikash Chandra Guddu Baba S/o Late Ramashraya Prasad Singh presently residing at Mahatma Gandhi Path Kurji, Balupar, P.O. - Sadakat Ashram, P.S. - Digha, District - Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar through its Chief Secretary, Govt. of Bihar, Patna.

2. The Principal Secretary, Health Department Govt. of Bihar, Patna.

3. The Director, Health Department, Govt. of Bihar, Patna.

4. The Nursing Registrar, Health Services, Bihar, Patna. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Vikash Chandra Guddu Baba (In person) For the Respondent/s : Mr. P. K. Verma, AAG 3 with Ms. Divya Verma, AC to AAG 3 =========================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE) Date: 08-11-2016 The petitioner has sought a mandamus to direct the respondent authorities to fill the vacant sanctioned posts in the Government Nursing Training Schools in the different districts of the State.

The grievance is that the Nursing Training Schools are without Nursing Principals or other staff and as such posts are lying vacant for years together. In the first counter affidavit dated 14th July, 2016, it was asserted that the Bihar Nursing Tutor Cadre (Amendment) Rules, 2016 have been notified on 17th March, 2016 in which the procedure for appointment of Nursing Tutor has been

Patna High Court CWJC No.2407 of 2016 dt.08-11-2016 2/3 prescribed. In another supplementary counter affidavit dated 5th August, 2016, it is asserted that the process to collect the exact vacant position in different Nursing Institutes has been started by the Department. It is also pointed out that information has been received from some of the districts but details of working strength and vacancies position as per reservation roster has not been made available.

Today Mr. P. K. Verma, learned State Counsel states that out of 28 institutes, the information has been received in respect of 20 institutes relating to the vacancies and the roster position. He seeks another two weeks time to complete the information in respect of remaining 8 institutes.

We find that the process to recruitment must start forthwith as large number of vacancies of Nursing Tutors in all the Nursing Institutes is serious handicap for providing effective medical care to the citizens.

Consequently, we direct the Health Department to send the requisition to the Staff Selection Commission through the General Administrative Department within one week in respect of 20 institutes. Information in respect of remaining 8 institutes shall be sent within three weeks. The Staff Selection Commission shall take expeditious steps for completion of the selection process preferably

Patna High Court CWJC No.2407 of 2016 dt.08-11-2016 3/3 within a period of six months from the date first requisition is received by them.

The writ petition stands disposed off accordingly. (Hemant Gupta, ACJ) (Ahsanuddin Amanullah, J) Anjani/P.Kumar U