Sweta Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8589 of 2022 ====================================================== Sweta Kumari Wife of Sri Sanjeev Kumar Jha, Resident of VillageMahinathpur, P.S.- Bhairabsthan, District- Madhubani. ... ... Petitioner/s

Versus

1.

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

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

Director, Health Services, Government of Bihar, Patna. 4.

Staff Selection Commission, P.O.- Veterinary College, Patna- 14 through its Secretary.

5.

The Secretary, Staff Selection Commission, P.O.- Veterinary College, Patna14. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dinesh Choudhary, Advocate For the Respondent/s :

Mr.Binod Kr. Yadav (Sc18) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-02-2024 The present writ petition has been filed seeking the following reliefs:- "(i) For issuance of an order, direction or writ including writ in the nature of mandamus commanding the respondents to count the experience gained by the petitioner at the Central Super Speciality Hospital, ECR, Patna for the purpose of selection and appointment of the petitioner to the Class-III, Technical Post of Laboratory Technician under the Health Department, Government of Bihar.

(ii) For issuance of an order, direction or writ including writ in the nature of mandamus

Patna High Court CWJC No.8589 of 2022(2) dt.13-02-2024 2/3 commanding the respondents to publish the result of the petitioner after considering the experience of working in the Central Super Specialty Hospital, East Central Railway, Patna by adding the marks of experience as it is given for work experience in government hospital.

(iii) For issuance of an appropriate declaration holding that in view of the judgment of the Hon'ble Supreme Court in the case of Dr (Major) Meeta Sahai Vs State of Bihar (C.A.No 9482 of 2019) the respondents are under obligation to count the experience of the petitioner in the Central Government Hospital.

(iv) For issuance of an appropriate declaration that non consideration of the experience of the petitioner at the Central Super Speciality Hospital, ECR/ Patna would tantamount to violation of Article 16 of the Constitution of India and the law laid down by the Hon'ble Supreme Court in C.A No 9482/2019."

2.

After some arguments, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the respondentauthorities for redressal of her aforesaid grievances, who may consider the case of the

Patna High Court CWJC No.8589 of 2022(2) dt.13-02-2024 3/3 petitioner in the light of judgment dated 22.11.2021, passed by a co-ordinate Bench of this Court in CWJC No.9620 of 2020 (Sanjeev Kumar Jha vs. the State of Bihar & Ors.). Liberty so sought is granted.

3.

Accordingly, the writ petition stands disposed off as not pressed.

(Mohit Kumar Shah, J) kanchan/- U