Vikash Chandra @ Guddu Baba v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13461 of 2023 ====================================================== Vikash Chandra @ Guddu Baba S/o Late Ramashraya Prasad, Resident of Mohalla - Indrapuri, Road No. 12, House No.-39, P.O.- Keshari Nagar, P.S.- Patliputra, District- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar Through the Chief Secretary, Govt. of Bihar, Patna. 2.

The Chief Secretary, Govt. of Bihar, Patna.

3.

The Additional Chief Secretary, Health Department, Government of Bihar, Patna.

4.

The Director-in-Chief (Health Services), Govt. of Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

None For the Respondent/s :

Mr.P.K. Shahi, AG ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 19-09-2023 The writ petitioner, who appears in person has not appeared when the matter was called; neither in the morning nor later, when it was kept aside and taken up.

2. The Public Interest Litigation has been filed to fill up the sanctioned and vacant posts of Professors, Associate Professors and Assistant Professors in the different faculties of various medical colleges in Bihar. The writ petition is also filed on the basis of a response to a query made under the RTI Act that disclosed vacancies existing in the various faculties. Filling up of vacancies in sanctioned posts is a continuous process to be

Patna High Court CWJC No.13461 of 2023(2) dt.19-09-2023 2/2 taken by the authorities and merely because on a specific date, on which the response was made to the query under the RTI Act, there were a number of vacancies, that cannot lead to the initiation of a Public Interest Litigation.

3. Filling up of posts is a complex process, and it also depends upon qualified persons being available. We are of the opinion that no judicial orders can be passed on this aspect, and we find absolutely no reason to entertain the writ petition as a Public Interest Litigation and close the same. (K. Vinod Chandran, CJ) ( Partha Sarthy, J) aditya/- U