Arvind Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7394 of 2018 ====================================================== Arvind Kumar, Son of Bijay Chaudhary Resident of Village- Bari Ashikpur, P.S. East Colony, Naya Gaon, District-Munger. ... ... Petitioner/s

Versus

1.

The State Of Bihar & Ors.

2.

The Principal Secretary, Health, Government of Bihar, New Secretariat, Patna.

3.

The Director-in-Chief Administration, Health Services, Government of Bihar, New Secretariat, Patna.

4.

The Special work Officer, Health Department, Govt. of Bihar, New Secretariat, Patna.

5.

The Chairman, Staff Selection Commission, Bihar, Patna. 6.

The Secretary, Staff Selection Commission, Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shashi Bhushan Singh, Adv.

For the State :

Mr. Sudama Kumar (AC to SC-12) For the BSSC :

Mr. Satyabir Bharti, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 20-03-2024 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the Bihar Staff Selection Commission.

2. Learned counsel for the petitioner submits that in the light of the decision taken in Letters Patent Appeal No.158 of 2020 with Letters Patent Appeal No.1708 of 2019 passed on 10.01.2023, the grievances of the petitioner relating to first relief has already been settled and therefore, he is not interested to press his first relief. Counsel further submits that vide letter No.1892(4) dated 20.12.2023, it has been decided at the level of

2/5 The Director-in-Chief Administration, Health Services, Government of Bihar, New Secretariat, Patna (respondent no.3) that the rule is under process of amendment and therefore, there may be delay in appointment process. Counsel also submits that this case may be disposed off directing the respondent no.3 that a reasonable time may be fixed in the appointment process, so that the appointment may be made at the earliest.

3. Learned counsel for the Bihar Staff Selection Commission submits that he is the body who has to made selection in accordance with the rule framed by the State.

4. Learned counsel for the State submits that elections have been notified and in fixing a reasonable time, they have no objection, but this time may be fixed only after the end of the elections.

5. In the light of the submissions made by the parties, this Court hereby directs The Principal Secretary, Health, Government of Bihar, New Secretariat, Patna (respondent no.2) and The Director-in-Chief Administration, Health Services, Government of Bihar, New Secretariat, Patna (respondent no.3) that they shall complete the amendment which they have proposed in the light of clause 6 of the letter No. 1892(4) dated 20.12.2023 which is pasted herein below:-

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6. In this background, this Court directs both the respondents i.e. respondent no.2 (The Principal Secretary, Health, Government of Bihar, New Secretariat, Patna) and respondent no.3 (The Director-in-Chief Administration, Health Services, Government of Bihar, New Secretariat, Patna) to complete the entire process due to which publication and fresh advertisement shall be made for appointment within three

5/5 months from the date of end of the elections.

7. With the aforesaid observations and directions, this writ petition is hereby disposed off.

Divyansh/- (Dr. Anshuman, J.) U