Kumari Sonmati And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8671 of 2015 ====================================================== 1.

Kumari Sonmati and Ors Daughter of Sri Ram Naresh Singh resident of village Arangi P.S. Dildarnagar District Gazipur U.P.. 2.

Anita Kumari, daughter of Sri Lala Prasad resident of C/o Pushplata Devi , Akhilesh Nagar West Chouraha P.O. Jhauganj, Patna City, P.S. Bypass Patna City , District Patna, Bihar.

3.

Shashi Kumari Daughter of Sri Mithlashir Prasad and wife of Sri Jawahar Singh resident of village Fazilabad, P.O. Mithanchak, P.S. Gopalpur, District Patna.

... ... Petitioner/s

Versus

1.

The State Of Bihar.

2.

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

The Bihar Staff Selection Commission, P.O. Veterinary College, Patna 800014 through its Secretary.

4.

The Secretary , Bihar Staff Selection Commission, P.O. Veterinary College, Patna- 800014.

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

For the Petitioner/s :

Mr.Rajan, Advocate Mr. Mritunjay Kumar, Advocate For the State :

Mr. Vijay Kumar Verma, Ac to GA2.

For the Commission :

Mr. S.S. Sundaram, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 04-09-2019 It is submitted by the learned counsel for the petitioner that the marks on account of experience have been denied to the petitioner in the process of selection of Auxiliary Nurse Midwifery as per Score Card of the petitioner (Annexure6). Since the dispute in the proceeding is being confined with respect to the petitioner No.3. Mr. S.S. Sundram counsel for the commission submits that the petitioner should have approached the Commission to verify under what circumstances marks for experience have not been granted to the petitioner.

Patna High Court CWJC No.8671 of 2015(2) dt.04-09-2019 2/2 Since the copy of the instant writ petition was served way back in the year 2015. In these circumstances, this Court directs the respondent-Commission to pass an order in respect of the aforesaid claim for weightage on account of the experience of the petitioner. The experience certificate of the petitioner is Annexure-3B issued by the Primary Health Centre. Let the final decision be communicated to the petitioner and if for some reason the weightage has been wrongly denied it would be open to the Commission to take the remedial measures in this regard.

Let final decision be communicated to the petitioner. In order to facilitate decision in this respect petitioner number 3 should present herself before the respondent no.4 with original copy of Annexure-3B so as to ensure that the claim be examined by the respondent no.4. Petitioner would appear before the respondent No.4 within three weeks from today. In view of the aforesaid circumstances, and since consideration has to be done by the Respondent-Commission. These proceedings need not be kept pending.

The instant petition is disposed of with aforesaid observation and direction.

(Madhuresh Prasad, J) T.Kr./-Rahul Mishra U