Shashi Kant v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1361 of 2021 ====================================================== 1.

Shashi Kant Son of Ramayan Prasad Resident of Village-Phulpura, P.O.- Nainpura, P.S.-G.B. Nagar, District-Siwan 2.

Navin Kumar Son of Birendra Sharma Resident of Near Malaria Office, Ghagha Ghat, Mahendra, P.S.-Sultanganj, District-Patna. 3.

Vir Abhimanyu Singh Son of Kauleshwar Singh Resident of Village-Goraur, Chhabilapur Road, P.S.-Rajgir, District-Nalanda. 4.

Vivek Kumar Vibhu, Son of Yogendra Narayan Roy Residen tof VillageParsa, Ghoghardaha, P.S.-Madhubani, District-Madhubani. 5.

Lakshman Kumar Son of Bhogi Lal Yadav Residen tof Village-Parsa, Ghoghardaha, P.S.-Madhubani, District-Madhubani. 6.

Rakesh Tiwari Son of Dinanath Tiwary Residen tof Village-Chhitauli Kala, P.S.-Goreya Kothi, District-Siwan 7.

Sadanand Choudhary Son of Gulab Chandra Chaudhary At Present residing at Flat No.303, Apartment, Vinay Vihar Colony, Ramson Residence, P.S.- Kalyanpur, District-Dhanbad (Jharkhand) 8.

Vishwajit Kumar Son of Sudarshan Pandey Resident of Village-Dihari, P.S.- Dihari, District-Rohtas ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, General Administration Department, Govt. of Bihar, Patna. 2.

The Principal Secretary, Health Department, Govt. of Bihar, Patna. 3.

The Secretary, Bihar Technical Service Commission, Harding Road, Patna. 4.

The Examination Controller, Bihar Technical Sercvice Commission, Harding Road, Patna.

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

For the Petitioner/s :

Mr. Rakesh Kumar Sharma, Advocate For the State :

Mr. S.D. Yadav, AA-IX, Mr. Braj Bhushan Mishra, Ac to AAG-IX For the B.T.S.C :

Mr. Nilesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 15-12-2021 Heard learned counsels for the respective parties.

Patna High Court CWJC No.1361 of 2021 dt.15-12-2021 2/3 In the instant petition, petitioner has prayed for the following reliefs:

"(i) For issuance of writ in the nature of mandamus for a direction to the respondent authorities to accept the experience gained by the petitioners from the Government Hospital of the other State for the post of Ayush Medical Officer advertised by the Bihar Technical Service Commission, Patna vide Advertisement No. 04/2020 to 09/2020.

(ii) For issuance of writ in the nature of Certiorari for read down/struck down the Clause4(iii) & 4(iv) of Advertisement No. 04/2020 to 09/2020 which relates to the Experience gain under the recognised Government Institute/Hospital of Bihar Government.

(iii) For any other relief/reliefs if petitioner found entitle in the facts and circumstances of the present case."

Petitioner has not questioned the validity of eligibility criteria for the purpose of selection and appointment to the post of Ayush Medical Officer and he has questioned the clause imposed in the Advertisement No. 04/2020 to 09/2020 (Clause- 4 (iii) & 4 (iv)). In the absence of the challenge to the validity of rules, the petition cannot be entertained in so far challenge to the Advertisement.

Thus, the petitioner has not made out the case.

Patna High Court CWJC No.1361 of 2021 dt.15-12-2021 3/3 Hence, the writ petition stands dismissed, reserving liberty to the petitioner to questioned the validity of rules if so advised.

(P. B. Bajanthri, J) Gaurav Kumar/- AFR/NAFR CAV DATE Uploading Date Transmission Date