Mukesh Kumar And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7733 of 2017 ====================================================== 1.

Mukesh Kumar Son of Shri Prahlad Sah Soni, Resident of Village Post Office Police Station- Goreyakothi, District- Siwan. 2.

Mazuddin, Son of Late Hasim Mohammad, Resident of Village- Bindwal, Post Office- Chainpur, Police Station- Goreyakothi, District- Siwan. 3.

Shreebhagwan Ram, Son of Feku Ram, Resident of Village- Shekhpura, Post Office- Chainpur, Police Station- Goreyakothi, District- Siwan. ... ... Petitioner/s

Versus

1.

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

2.

The Principal Secretary, Personnel and Administrative Reforms Department, Government of Bihar, Patna.

3.

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

The District Magistrate, Siwan.

5.

The Establishment Committee through its Chairman, the Collector-cumDistrict Magistrate, Siwan. 6.

The Deputy Collector, Establishment, Siwan.

7.

The Malaria Officer, Siwan.

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

For the Petitioner/s :

Mr. Umesh Kumar Mishra, Advocate For the State :

Mrs. Shweta Anand (AC to GP-13) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 18-07-2025 Heard learned counsel for the petitioners and learned counsel for the State.

2. The present writ petition has been filed for the following relief/s:- "I. For commanding the respondent authorities concerned to provide the priority preference weightage of experience to the petitioners for Advertisement No. 01/201718 issued under the signature of District

2/4 Magistrate, Siwan on 15.04.2017, as the petitioners are seasonal employee of Malaria Department working seasonally, petitioner nos.1 & 3 since 2010 and petitioner no.2 since 2013 respectively.

II. For commanding the respondent authorities concerned to select/appoint the petitioners on Class IV post in the District of Siwan, as similarly situated as well as junior to the petitioners have been selected/appointed on Class-IV post in the District of Siwan on the basis of the direction of this Hon'ble Court.

III. For issuance of any other appropriate writ/writs, order/orders, direction/directions for which the writ petitioners will be found entitled in the facts and circumstances of the case."

3. Learned counsel for the petitioners fairly submits that the present writ petition has been filed for appointment of Class-IV/Group-D employees in the State of Bihar. He submits that it is well known that the Government of Bihar has framed a rule in the year 2023 namely, fcgkj dk;kZy; ifjpkjh@ifjpkjh 1⁄4fof'k"V1⁄2 1⁄4HkrhZ ,oa lsok 'kÙksZ1⁄2 fu;ekoyh] 2023 (hereinafter referred to as 'Rule 2023'), which came into existence by virtue of a notification no.17975 dated 22.09.2023. Counsel submits that in the light of the said Rule 2023, the petitioners become over age

3/4 and their writ petition is pending before this Hon'ble Court since 2017 seeking relief on the basis of Advertisement No. 01/2017-18. Counsel submits that due to pendency of the litigation, petitioners have crossed upper age limit and they are not in a position to even appear in the examination process in the light of Rule 2023. Counsel seeks only permission that atleast the petitioners be permitted by this Hon'ble Court to appear in the examination process which has to take place in the light of Rule 2023.

4. Learned counsel for the State on the other hand submits that according to his knowledge, one such appointment under Rule 2023 has taken place. He submits that the result has also published in the said rule. Counsel further submits that the State is not aware of this fact that whether the petitioners have participated in the said examination process of appointment of Class-IV which has been published in the light of Rule 2023.

5. Learned counsel for the petitioners submits that the petitioners have never appeared in the said examination process published in the light of said Rule 2023.

6. It transpires to this Court that opportunity be granted to the petitioners to appear in the selection process in the light of Rule 2023 atleast once. Therefore, liberty is hereby

4/4 granted to the petitioners that in-spite of the fact that petitioners have crossed maximum age limit to appear in the examination process based on Rule 2023, shall be permitted to appear only one time. It is made clear that in case petitioners already appeared in the earlier examination process which has been taken place in the light of Rule 2023 then in that case, they shall not be permitted. But if they not appeared even for a single chance, then the commission shall grant permission to petitioners to appear in the examination process when the next advertisement come in the light of Rule 2023. It is made clear that the exemption of age also covers the exemption of education qualification.

7. Accordingly, with the aforesaid observation, this writ petition stands disposed off.

(Dr. Anshuman, J) Divyansh/- AFR/NAFR CAV DATE NA Uploading Date 22/07/2025 Transmission Date NA