Ekta v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16073 of 2015 ====================================================== Ekta D/O Sri Manoj Kumar R/O Village- Rajapakar, P.S.- Sakra, DistrictMuzaffarpur. ... ... Petitioner/s

Versus

1.

The State Of Bihar through Principal Secretary, Health Department, Government of Bihar, Patna 2.

The Director, Health Department Government of Bihar, Patna. 3.

The Chief Medical Officer, Cum-Civil Surgeon, Muzaffarpur. 4.

The Secretary, Bihar Staff Selection Commission Patna, Vetenary College, Patna-14.

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

For the Petitioner/s :

Mr.Mrityunjay Kumar For the Respondent/s :

Mr.AAG15- Yogendra Pd. Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 28-05-2019 Matter has been listed today in the summer vacations as learned counsel for the petitioner was desirous for consideration of his case during vacation.

The slip for listing was filed pursuant to notice dated 08th May, 2019, published prior to the vacation. The matter is, accordingly, taken up for consideration as both parties are present and willing to assist the court for disposal of the matter.

Heard counsel for the petitioner and counsel for the respondents-State.

Writ petition was filed claiming the relief of publication of the petitioner's result in the process of

Patna High Court CWJC No.16073 of 2015(2) dt.28-05-2019 2/2 appointment of Auxilary Nurse Midwifery.

Counsel for the petitioner submits that undisputed and admitted position that emerges from record is that date of birth of the petitioner was 05.01.1993 and on 01.08.2013 petitioner was 20 years and 07 months old which is below required age of 21 years.

It is in this background that petitioner could not be selected as A.N.M.

Since admitted position is that the petitioner is lacking in essential qualification in terms of requisite age 21 years, petitioner has no legitimate claim or right for the appointment in question.

Writ petition is devoid of merit and dismissed. (Madhuresh Prasad, J) s.hassan/- U