Rakesh Kumar Raushan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10032 of 2023 ====================================================== Rakesh Kumar Raushan Son of Rajendra Prasad, resident of Village - Bhareti, P.O. - Yogipur, P.S. - Hilsa, District - Nalanda, Bihar - 801302. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary cum Principal Secretary, Health Department, Government of Bihar, Patna. 2.

The Director-in-Chief (Nursing), Health Department, Government of Bihar, Patna.

3.

The Controller of Examination, Health Department, Government of Bihar, Patna.

4.

The Chairman, Bihar Staff Selection Commission, Veterinary College, Patna - 800014.

5.

The Secretary, Bihar Staff Selection Commission, Veterinary College, Patna - 800014.

6.

The Controller of Examination, Bihar Staff Selection Commission, Veterinary College, Patna - 800014.

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

For the Petitioner/s :

Mr.Arvind Kumar Sinha, Adv.

For the State :

Mr.Mujtabaul Haque, GP12 Mr.Pranoy Kumar, AC to GP-12 For the BSSC :

Mr.Satyabir Bharti, Adv.

Ms.Kanupriya, Adv.

Mr.Abhishek Anand, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 08-01-2024

1. The present writ petition has been filed seeking the following relief(s):- "1.i. For issuance of an order, direction or a writ of Mandamus for directing the respondentCommission to conduct the interview of the petitioner against the Advertisement No. 08010116 dated 06.05.2016 published for appointment of Sanitary Inspector as he was also not called for interview in the same manner of the writ petitioners

Patna High Court CWJC No.10032 of 2023(2) dt.08-01-2024 2/3 named in CWJC No. 2049/2022 along with other cases, which heard by Hon'ble Mr. Justice Rajiv Ranjan Prasad and in which he has passed Judgment dated 17.05.2023 whereby and where under the Hon'ble Court is of the opinion that these petitioner have made out a case for issuance of a writ in the nature of mandamus to the respondents. As against 276 vacancies notified vide the Advertisement No. 08010116, only 29 posts have been filled up. The respondent are hereby directed to take has directed to take steps towards conducting interview of the petitioners and consider them against unfilled-up posts within a period of three months from the dated receipt/production of a copy.

ii. For issuance of an order, direction or an appropriate writ for directing the respondentCommission to consider the petitioner for appointment to the post of Sanitary Inspector against the Advertisement No. 08010116 dated 06.05.2016 by accepting the degree (diploma in Health & Sanitary Inspection) of the petitioner from Vinayaka Mission University, Salem, Tamil Nadu conferred in the year 2008, which is a valid degree and the petitioner prays for a declaration that the diploma certificate secured by him renders him fully eligible for being considered for appointment against the Advertisement No. 08010116 dated 06.05.2016."

Patna High Court CWJC No.10032 of 2023(2) dt.08-01-2024 3/3

2. At the outset, the learned counsel for the petitioner seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioner to approach the respondentauthorities for redressal of his aforesaid grievances. Liberty so sought is granted.

3. The writ petition stands dismissed as not pressed. (Mohit Kumar Shah, J) sonal/- U