Amrita Pritam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5454 of 2024 ====================================================== Amrita Pritam Wife of Pankaj Kumar, Resident of Village- Mahua Mukundpur, Jawahar Chowk, P.S.- Mahua, Dist- Vaishali. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Principal Secretary, General Administration Department, Government of Bihar, Vikash Bhawan, Bailey Road, Patna.

3.

The Principal Secretary, Department of Health, Government of Bihar, Vikash Bhawan, Bailey Road, Patna.

4.

The Special Secretary, Department of Health, Government of Bihar, Vikash Bhawan, Bailey Road, Patna.

5.

The Additional Secretary, Department of Health, Government of Bihar, Vikash Bhawan, Bailey Road, Patna.

6.

The Bihar Technical Services Commission, 19, Hardinge Road, Government of Bihar, Patna through its Secretary.

7.

The Chairman, The Bihar Technical Services Commission, 19, Hardinge Road, Patna.

8.

The Secretary, The Bihar Technical Services Commission, 19, Hardinge Road, Patna.

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

For the Petitioner/s :

Mr.Satish Kumar Sinha For the Respondent/s :

Mr.Standing Counsel 23 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-04-2024 The present writ has been filed seeking the following reliefs:- "1(i). To hold that the petitioner belongs to Kushwaha Caste, falling within the Backward Class category and she fulfills all the conditions for getting benefit of reservation of backward class lady, for reason that her father belongs to Kushwaha caste, as well as, permanent resident of Bihar.

Patna High Court CWJC No.5454 of 2024(2) dt.18-04-2024 2/3 (ii). To hold that the petitioner is successful candidate for appointment on the post of Homeopathy Medical Officer, pursuant to the Advertisement No. 06/2020, published by Bihar Technical Service Commission, Bihar, Patna, for the reason that she obtained 45.4118 marks which is more higher than the cut off marks for Backward Class lady. The cut-off marks for the candidate, belonging to Backward Class lady is only 42.1411.

(iii). To direct the Respondent to consider the objection raised by the petitioner, pursuant to objection called for by the respondent, as per website notice dated 01.09.2023.

(iv). To hold that the action of the respondent is discriminatory, as the respondents have considered more or less similar kind of the objections, raised by other similarly situated candidates."

2.

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Respondent No. 7, i.e. the Chairman, Bihar Technical Service Commission, Patna, for redressal of her aforesaid grievances. Liberty, so sought, is granted.

3.

It is needless to state that in case, the petitioner approaches the Respondent No. 7, by filing appropriate representation, within a period of two weeks from today, the

Patna High Court CWJC No.5454 of 2024(2) dt.18-04-2024 3/3 same shall be disposed off, by a reasoned and a speaking order, in accordance with law, within a period of six weeks, thereafter. 4.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Ajay/- U