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Patna High CourtCWJC/11911/2011dismissed

Dr.Anuj Kumar @ Anuj Kumar v. The State Of Bihar And ORS

2016-01-21Mr. Justice Rakesh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11911 of 2011 ====================================================== Dr.Anuj Kumar @ Anuj Kumar S/O-Late Kameshwar Prasad Resident Of MDH2/7 IGIMS .Campus ,Sheikhpura District Patna .... .... Petitioner/s

Versus

1. The State Of Bihar Through Principle Secretary Bihar Health Service ,Health Department Govt. of Bihar Patna

2. The Director ,Indira Gandhi Institute Of Medical Science Shekpura ,Patna

3. Dy. Director IGIMS Sheikhpura ,Patna-14 ,Assistant Professor ,IGIMS,Patna

4. Sri Ashwani Kumar Choubey , Hon'ble Minister ,Health ,Govt. Of Bihar ,Chairman ,Board Of Governors Indira Gandhi Institute Of Medical Science, Sheikhpura,Dist-Patna

5. Sri Abdul Bari ,Siddique ,Leader Of Opposition, Bihar Legislative Assembly ,Bihar Patna, Member ,Board Of Governors ,Indira Gandhi Institute Of Medical Science,Sheikhpura ,Dist-Patna

6. Sri Amarjeet Sinha , Principle Secretary ,Department Of Health ,Govt. Of Bihar ,Patna ,Member Board Of Governors ,Indira Gandhi Institute Of Medical Science ,Sheikhpura ,Dist-Patna

7. Sri Sanjiwan Sinha ,Special Secretary ,Department Of Finance Govt. Of Bihar ,Patna ,Member ,Board Of Governors ,Indira Gandhi Institute Of Medical Science ,Sheikhpura ,Dist-Patna

8. Sri Surendra Prasad ,Director /Additional Director ,Medical Education Govt. Of Bihar ,Patna ,Member ,Board Of Governors ,Indira Gandhi Institute Of Medical Science ,Sheikhpura ,Dist-Patna

9. Dr. Arun Kumarn, Director ,IGIMS ,Patna Member Secretary ,Board Of Governors ,Indira Gandhi Institute Of Medical Science ,Sheikhpura ,Dist-Patna

10. Dr.S.A.Krishna, Retd, Professor, Paediatrics Department ,Mittan Ghat ,Patna-800008 Member ,Board Of Governors ,Indira Gandhi Institute Of Medical Science ,Sheikhpura ,Dist-Patna

11. Dr. Krishna Prasad Sinha , Kamla Sadan ,Near -Alpana Market ,Patliputra ,Patna ,Member ,Board Of Governors ,Indira Gandhi Institute Of Medical Science ,Sheikhpura ,Dist-Patna

12. Dr.Uday Kumar ,Professor &Head, Biochenistry Department ,IGIMS Patna Member ,Board Of Governers ,Indira Gandhi Institute Of Medical Science ,Sheikhpura ,Dist-Patna

13. Dr. Prakash Kumar Dubey ,Additional Professor ,Anaesthesia Department ,IGIMS ,Patna Member ,Board Of Governors ,Indira Gandhi Institute Of Medical Science ,Sheikhpura ,Dist-Patna

14. Dr.Ashok Kumar ,Assistant Professor, Neurology ,IGIMS ,Patna Member ,Board Of Governors ,Indira Gandhi Institute Of Medical Science ,Sheikhpura ,Dist-Patna

15. Dr.Ahmed Abdul Hai Abdul Hai Commercial Complex ,Exhibition Road Patna-800001 member ,Board Of Governors ,Indira Gandhi Institute Of Medical Science ,Sheikhpura ,Dist-Patna

16. Dr.Jagdish Prasad ,Additional Director General ,Directorate General Of Health Services Nirman Bhawan ,Room No-252 ,New Delhi -

Patna High Court CWJC No.11911 of 2011 (3) dt.21-01-2016 2/3 1101108,Member ,Board Of Governors ,Indira Gandhi Institute Of Medical Science ,Sheikhpura ,Dist-Patna

17. Dr.(Smt.)Kushum Gopal Kappor ,Gopal Nursing Home East Boring Canal Road ,Near Panch Mukhi Mandir ,Patna-800001,Member ,Board Of Governors ,Indira Gandhi Institute Of Medical Science ,Sheikhpura ,DistPatna

18. Sudhir Kumar ,Assistant Professor ,IGIMS ,Patna

19. Dr.Goving Kumar ,Assistant Professor ,IGIMS

20. Dr.Arshed Ahmad ,Assistant Professor,IGIMS ,Patna .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dr. Shashi Shekhar Kishor For the Respondent/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 21-01-2016 Heard learned counsel for the petitioner and Sri Sunil Kumar Singh, learned counsel who has appeared on behalf of the respondent no. 2 and 3/ Indira Gandhi Institute of Medical Science, Sheikhpura.

The petitioner invoking writ jurisdiction of this court under Article 226 of the Constitution of India has prayed for quashing of Annexure - 3 i.e. constitution of standing selection committee for selection of Assistant Professor in General Medicine against Advertisement No. 01/Faculty/M.B.B.S./2010. A plea has been taken that selection committee has been constituted without including three experts / specialist. According to learned counsel for the petitioner the same is against the Rule. However, at the time of argument when a question was put to learned counsel for the petitioner that which provision has

Patna High Court CWJC No.11911 of 2011 (3) dt.21-01-2016 3/3 been contravened, it was not replied whereas, Sri Sunil Kumar Singh , learned counsel for the respondent no. 2 and 3 submits that after the advertisement selection has already been made and against the advertisement appointment has already been made and petitioner has not impleaded the person who has been appointed pursuant to the said advertisement. I do not find any ground to pass any positive order.

The writ petition stands dismissed.

(Rakesh Kumar, J) Praful/- U