Anmol Prasad Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16327 of 2014 ====================================================== Anmol Prasad Singh Son of Late Saryug Prasad Singh Resident of village - Raniganj Barbanna, P.O. Meriganj, District - Araria ... ... Petitioner/s

Versus

1.

The State Of Bihar.

2.

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

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

The Regional Deputy Director, Health Services, Purnea Division, Purnea 5.

The Civil Surgeon - Cum - Chief Medical Officer, Purnea ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shanti Pratap, Advocate For the Respondent/s :

Mr. Sarvesh Kumar Singh, AAG-13 Ms. Arya Achint, AC to AAG-13 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 28-11-2022 Petitioner has prayed for the following relief(s): "(i) For commanding the respondents to consider the case of the petitioner for his appointment against sanctioned vacant class-III posts from the 1991 panel under jurisdiction of the Civil Surgeon -cum- Chief Medical Officer, Purnea as has been done in the case of similarly situated six persons, who were also included in 1991 panel.

(ii) For holding that the petitioner was included in 1991 panel prepared in accordance with law and as such the petitioner is

Patna High Court CWJC No.16327 of 2014(2) dt.28-11-2022 2/3 also entitled to be considered for his appointment against sanctioned and vacant class-III posts under the Civil Surgeon -cumChief Medical Officer, Purnea, as has been done in the case of similarly situated persons like the petitioner.

(iii) For grant of any other such other relief or reliefs as your Lordships may deem fit and proper."

After the matter was heard for some time, finding the Court not in favour of the submissions made by the learned counsel for the petitioner, learned counsel for the petitioner, under instructions, states that the petitioner shall be content if the petitioner is permitted to withdraw the present petition, with liberty to approach respondent No. 3, namely The Director-inChief, Health Services, Bihar, Patna and/or initiate appropriate proceedings before the appropriate forum and to take recourse to such other alternate remedies which are equally efficacious in law.

Prayer allowed.

The petition is disposed of as withdrawn with the liberty aforesaid.

Liberty reserved to the petitioner to take recourse to such other remedies as are otherwise available in accordance with law.

Patna High Court CWJC No.16327 of 2014(2) dt.28-11-2022 3/3 It stands clarified that all issues of fact and law are left open to be agitated by the competent authority. Interlocutory application(s), if any, shall also stand disposed of.

(Sanjay Karol, CJ) ( Partha Sarthy, J) K.C.Jha/DKS U