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Patna High CourtCWJC/16735/2021disposed

Dr. Bhuwaneshwari Sinha v. The State Of Bihar

2024-04-24Mr. Justice Mohit Kumar Shah4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16735 of 2021 ====================================================== Dr. Bhuwaneshwari Sinha Wife of Mr. Dinesh Prasad Sinha At present Resident of Flat No. 202, Rameshwaram Apartment, New Bank Mens Colony, East Chitragupt Nagar, P.S.- Agamkuan, District- Patna- 20. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Health, Medical Education and Family Welfare, Government of Bihar, Patna. 2.

The Principal Secretary, Department of Health, Medical Education and Family Welfare, Government of Bihar, Patna.

3.

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

4.

The Officer on Special Duty, Department of Health, Government of Bihar, Patna.

5.

The Director-in-Chief, Health Services, Government of Bihar, Patna. 6.

The Bihar Combined Entrance Competitive Examination Board, Patna. 7.

The Chairman, the Bihar Combined Entrance Competitive Examination Board, Patna.

8.

The Nodal Officer, the Bihar Combined Entrance Competitive Examination Board, Patna.

9.

The Examination Controller, the Bihar Combined Entrance Competitive Examination Board, Patna.

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

For the Petitioner/s :

Mr.Satish Chandra Mishra, Advocate For the State :

Mr.S.D. Yadav (Aag9) Mr. Braj Bhushan Mishra, AC to AAG-9 For BCECEB :

Mr. Prasoon Sinha, advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-04-2024 The present writ petition has been filed seeking the following relief:- "(1)(i) For issuance of appropriate order/orders, direction/directions commanding the concerned Respondents to amend the impugned Merit List dated

2/4 20.08.2021 (Annexure-1) prepared and issued by the BCECEB, Patna for appointment in pursuance of Advertisement No.BCECEB, Patna/2021/01 dated 04.06.

3/4 have been included in the merit list, who have been doing Senior Residency/ Tutorship or have left the said post in the midway and have wrongly informed the authorities through their respective affidavits with false statements that they have not ever been joined/posted as Senior Resident/Tutor in any Medical College & Hospital as it is against the rules that no candidate will be eligible to be selected who has either done or is doing or joined earlier and left the post in the midway of his Senior Residency/Tutorship.

(ii) In view of the aforesaid reliefs the list dated 20.08.2021 holding the candidates to be not eligible/absent candidates be quashed so far as the petitioner is concerned by wrongly making remarks as she is not ignoring the fact that she submitted her affidavit as asked by the BCECEB regarding her senior residency in the Department of Obstetrics & Gynecology as she has been posted in the ESIC Hospital, Bihta Patna on the post of Senior Resident since 13.02.2019 to 12.09.2020, which was not then a Medical College Hospital and accordingly she is eligible for her appointment in Government Medical College and Hospital in the State of Bihar."

4/4 2.

After some arguments, 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 respondent-authorities for redressal of his aforesaid grievances. Liberty, so sought, is granted.

3.

The writ petition stands dismissed as not pressed.

(Mohit Kumar Shah, J) kanchan/- U