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Patna High CourtCWJC/2745/2015dismissed

Awadhesh Kumar And ANR v. The State Of Bihar And ORS

2015-04-08Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2745 of 2015 ===========================================================

1. Awadhesh Kumar, son of Suresh Mahto, resident of village- Arai, Etwari Tola, P.S.- Shahjehanpur, District- Patna

2. Rahul Kumar Sinha, son of Kulbhushan Singh, resident of Village- Topp, P.S.- Sharjehanpur, District- Patna .... .... Petitioner/s

Versus

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

2. The Secretary of Health-cum-Executive Director, State Health Society, Parivar Kalyan Bhawan, Shekhpur, Patna

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

4. The Civil Surgeon-Cum-Member Secretary, District Health Society, Nalanda at Biharsharif

5. The District Magistrate, Nalanda

6. The District Program Manager, Nalanda at Biharsharif .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Kamlesh Kumar For the Respondent/s : Mr. Sanjeet Kumar Singh, AC to AAG10 =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 08-04-2015 A K Tripathi, J.

Uniform yardstick has been adopted for selection of Para Medical Workers on contract for one year. All kinds of allegations were initially made in the writ application with regard to selection procedure adopted by the respondents including the fact that requirement of training and the period of training was not earlier indicated in the advertisement. These are basically allegations more made than made out.

2. The detailed counter affidavit indicates the procedure which was followed, the mechanism and the yardstick which was adopted for selection. The merit list of selected candidates has been annexed as Annexure-A/1. This

Patna High Court CWJC No.2745 of 2015 dt.08-04-2015 2 / 2 selection process was carried out by a committee of six people including the Civil Surgeon, Nalanda.

3. Looking at the merit position of these petitioners, obviously, it is a case of trying to get some kind of leeway from the court of law without there being any supporting evidence that any illegality has been committed in the selection process as such. These petitioners do not figure anywhere near selected candidates' merit position.

4. Writ application, therefore, is required to be dismissed and is dismissed.

(Ajay Kumar Tripathi, J) R.K.Pathak/- U