Meena Kumari And ANR v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6397 of 2015 ====================================================== 1.
Meena Kumari and Anr D/o. Late Rama Nand Jha, W/o. Awadh Kishore Mishra, resident of Village- Anandpur, Gangalia, P.O.- Azizpur, P.S.- Saraiya, District- Muzaffarpur, PIN CODE- 844120. 2.
Krishna Kumari, Daughter of Sri Shankar Thakur, Wife of sri Bonod Kumar Thakur, resident of Jogani Ganga, P.O. Bariyarpur, P.S. Sakra, DistrictMuzaffarpur, PIN-843102 ... ... Petitioner/s
Versus
1.
The State Of Bihar through the Principal Secretary, Health Department, Government of Bihar, Patna.
2.
The Principal Secretary, Health Department, Government of Bihar, Patna. 3.
The Director General of Health Services, Govt. of Bihar, Patna. 4.
The District Magistrate, Motihari, East Champaran. 5.
The Civil Surgeon- cum- Chief Medical Officer, Motihari, East Champaran. 6.
The Staff Selection Commission, Govt. of Bihar, Veterinary College Patna, through its Chairman.
7.
The Chairman, Staff Selection Commission, Govt. of Bihar, Veterinary College, Patna.
8.
The Secretary, Bihar Staff Selection Commission, Govt. of Bihar, Veterinary College, Patna.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Durga Narayan For the Respondent/s :
Mr.Aag15- Yogendra Pd. Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 26-03-2019 Heard learned Counsel for the petitioners and the learned Counsel for the respondent State.
The writ petition has been filed for a direction upon the respondents to consider petitioners' claim for appointment as Auxiliary Nurse Midwifery (ANM) pursuant to advertisement of the Staff Selection Commission.
The petitioners' claim is that earlier they have discharged duties as ANM on contractual basis and that
Patna High Court CWJC No.6397 of 2015(2) dt.26-03-2019 2/2 petitioners have been excluded from the final result published after interview in the process of selection.
Having participated in the process of selection the petitioners have challenged their exclusion in the selection process merely by asserting that as per their own calculation they ought to have secured higher marks than the last selected candidate. No tangible infirmity has been alleged in the process of selection. The petitioners have participated in the process without any objection. Now having been excluded in the process of selection they have approached this Court for a direction that respondents should appoint them pursuant to the selection process.
The self serving calculation of the petitioners cannot be made basis of direction as sought for in the instant proceeding. Even the result of the selection process has not been annexed by the petitioners in the writ proceeding. Writ petition has been filed making out no case for exercise of jurisdiction in favour of the petitioners under Article 226 of the Constitution of India.
The writ petition is dismissed.
(Madhuresh Prasad, J) SNkumar/- U