Dr. Vinod Kumar And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11294 of 2013 ===========================================================

1. Dr. Vinod Kumar Son Of Sri Dhaneshwar Rai, Resident Of Village- Baliya Indrajeet P.O. Unsar P.S. Bochahan Dist. Muzaffarpur.

2. Dr. Ram Binod Prasad Son Of Late Ram Deo Prasad, Resident Of Village Sutihara P.O. Chapra Meg, P.S. Mushari Dist. Muzaffarpur. .... .... Petitioner/s

Versus

1. The State Of Bihar

2. The Secretary Health And Family Welfare, Govt. Of Bihar, New Secretariat, Patna.

3. The Director In Chief Health And Family Welfare, Govt. Of Bihar, New Secretariat, Patna.

4. The Joint Secretary, Health And Family Welfare, Govt. Of Bihar, New Secretariat, Patna.

5. Director, Ayush Health And Family Welfare, Govt. Of Bihar, New Secretariat, Patna.

6. The Dist. Magistrate Cum Chairman, Distt. Health Committee, P.S. Town Dist.- Muzafferpur.

7. The Dist. Development Commissioner Cum Vice Chairman, Dist. Health Committee, P.S. Town Dist. Muzafferpur.

8. The Civil Surgeon Cum Sub Member Secretary, Dist. Health Committee, P.S. Town Dist. Muzafferpur.

.... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Manoj Kumar, Adv. For the Respondent/s : Mr. Nikhil K Agarwal, AC to GP-30 =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 23-06-2016 Heard learned counsel for the petitioners and counsel for the State.

In the present case, the petitioners are claiming to be appointed as Ayush Chikitsak on contract basis from the panel prepared in connection with advertisement published in daily newspaper dated 18.4.2007 and 26.3.2008.

Patna High Court CWJC No.11294 of 2013 dt.23-06-2016 As it appears, the petitioners and others have applied for the post of Ayush Chikitsak and, in pursuance thereof, a panel of 7000 successful candidates was prepared and out of that 3089 were called for counseling and 1574 candidates were appointed on the post of Ayush Chikitsak.

In the counter affidavit, the panel, which was prepared, has lost its force and has been made inactive. In such view of the matter, no positive direction is required to be given to the State of Bihar for appointment of the petitioners as the petitioners have not made out a case that any person below them in the panel has been appointed.

If a fresh advertisement is published, the name of the petitioner will be considered in accordance with law. With the aforementioned observation, this application is disposed of.

(Shivaji Pandey, J) Rishi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 25.6.2016 Transmission Date NA