Binod Kumar Mishra v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17949 of 2009 ====================================================== Binod Kumar Mishra S/O Late Jay Narain Mishra R/O Vill- Mundrahi, P.STekari, Distt- Gaya ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Secretary, Department Of Helath, Bihar, Patna 3.

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

The Civil Surgeon-Cum-Chief Medical Officer, Aurangabad 5.

The Medical Officer, Additional Primary Helath Centre, Barahi, Rafiganj, Aurangabad ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bhanu Pratap Singh, Advocate Mr. Manish Kumar-3, Advocate For the Respondent/s :

Mr. Gp19 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 28-07-2025 Learned Counsel for the petitioner and learned Counsel for the State are present.

2. It has been jointly submitted that the matter directly and substantially in issue has traveled up to the Hon'ble Supreme of India and finally concluded on 17.10.2019 in favour of the State in the case of State of Bihar v. Devendra Sharma Civil Appeal No.7879 of 2019, arising out of SLP (Civil) No.11885 of 2012, reported in (2020) 15 SCC 466 :2019 INSC 1157.

3. The present case is relating to appointment of the petitioner at Class-III and Class-IV post in health Services,

Patna High Court CWJC No.17949 of 2009(4) dt.28-07-2025 2/2 Government of Bihar and the appointing authority is Director, Health Services, Government of Bihar.

4. In the light of the discussions made by the Hon'ble Supreme Court of India in the case of State of Bihar & Others Vs. Devendra Sharma (Supra), this Court is of the firm view that the instant writ petition has become infructuous and, hence, it is dismissed as infructuous.

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