Chandeshwar Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6375 of 2015 ====================================================== Chandeshwar Prasad Son of Late Ramdev Bhagat, resident of villageSupahuan, P.S.- Gaurichak in the district of Patna ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors Health Department, Government of Bihar, Patna 2.

The Principal Secretary, Health Department, Government of Bihar, Patna 3.

The Director-in-Chief, Health Services, Government of Bihar, Patna 4.

The Regional Deputy Director, Health, Magadh Division, Gaya 5.

The Civil Surgeon-cum-Chief Medical Officer, Nawada 6.

The Incharge Medical Officer, Primary Health Centre, Rajauli in the district of Nawada ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mr. Durga Narayan Mr. Sunil Kumar For the Respondent/s :

Mr. Uday Prasad AC to GP22 For SSC :

Mr. S.S.Sundaram ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 26-03-2019 Heard learned Counsel for the petitioner and the learned Counsel for the respondent State.

The petitioner claims promotion from Class IV post of Male Ward Attendant in Additional Primary Health Center Basraul, to grade III post.

Admitted position is that the petitioner is a Matriculate.

Counter affidavit has been filed by the respondents placing on record notification dated 1.12.2014, whereby the State has notified the Bihar Health Regional Clerical Cadre

Patna High Court CWJC No.6375 of 2015(3) dt.26-03-2019 2/2 Rules, 2014. As per the said Rules, the minimum educational qualification required for promotion on the grade III post against 15% promotional quota is Ten+2 pass. Admittedly, the petitioner is a matriculate and doesn't possess the requisite qualification. The claim of the petitioner for promotion therefore is not sustainable for want of qualification in terms of 2014 Rules.

The prayer made in the writ petition is therefore devoid of merit.

The writ petition is dismissed.

(Madhuresh Prasad, J) SNkumar/- U