Veena Kumari Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3016 of 2026 ====================================================== Veena Kumari Gupta Wife of Manoj Kumar Gupta, resident of Village and Post- Soharthi, P.S.- Jandaha, District-Vaishali- 844505. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Health and Family Welfare, Government of Bihar, Vikas Bhawan, Patna- 800001. 2.

The Executive Director, State Health Society Bihar, Parivar Kalyan Bhawan, Sheikhpura, Patna - 800014.

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

For the Petitioner :

Mr. Sanjay Kumar @ Maurya, Advocate For the State :

Mr. Advocate General For Res. No.2 :

Mr. K.K. Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR ORAL ORDER 20-04-2026 Heard the learned counsel for the parties.

2. The petitioner has filed the instant writ petition for the following reliefs:

"I. To declare the petitioner as a successful candidate and include her name in the final selection list, and issue posting/joining order with all consequential benefits (including notional seniority and honorarium from the date candidates of her merit were appointed.

II. Directing the respondents to furnish complete information/reply to the petitioner's RTI application within a time-bound period and consider her representation."

3. The learned counsel for the petitioner submits that pursuant to Advertisement No.05/2021 for recruitment to 8853 contractual posts of A.N.M. under the National Health Mission,

Patna High Court CWJC No.3016 of 2026(2) dt.20-04-2026 2/3 the petitioner being eligible applied for the said post. Admit Card was issued to the petitioner and date of examination was fixed as 21.10.2021, but on the said date, the examination was not conducted. Subsequently, on 25.10.2021 and 26.10.2021, the Computer Based Test for A.N.M. posts was conducted and in the said examination, the petitioner appeared and was shortlisted for document verification/counselling. The name of the petitioner appeared at Serial No.2926 of the candidates, who were shortlisted for counselling, however when the final merit list was published, the name of the petitioner was not found there, although she had secured 44.90 marks under the Most Backward Female Category candidate. It is submitted by the learned counsel for the petitioner that the cut off marks in the said category is 44.19 and although the petitioner had secured 44.90 marks, even then she was not selected. The petitioner kept on filing representation and R.T.I. application before the authorities concerned, but no action has been taken.

4. Per contra, the learned counsel appearing on behalf of the Bihar Health Society and the State of Bihar submit that the selection process already came to an end after publication of the merit list in 2022 itself and now in 2026, the petitioner has filed the present writ petition and that too without impleading

Patna High Court CWJC No.3016 of 2026(2) dt.20-04-2026 3/3 any of the selected candidates from her category. Further, the vacancies have been carried forward and, at this stage, it is not possible for the respondents to appoint the petitioner on the said post.

5. Having heard the rival submissions and after going through the records, it appears that the final merit list was published in 2022 and all the recommended candidates have already joined. The petitioner has not impleaded any of the selected candidates in her category as a party-respondent, therefore, the writ petition is not maintainable on account of non-joinder of parties and is accordingly, dismissed. (Ritesh Kumar, J.) Sanjay/- U