Anil Kumar @ Anil Kumar Thakur And ORS. v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1018 of 2013 In Civil Writ Jurisdiction Case No. 8082 of 2008 ======================================================

1. Anil Kumar @ Anil Kumar Thakur S/O Late Fakir Chand Thakur R/O Sidhnath Ghat, Infront Of District Judge, Residence, P.S. + Distt.- Buxar

2. Ramdeo Singh S/O Shri Ram Bihari Singh R/O Village- Narayanpur, P.S.-Etarhi, Distt.- Buxar

3. Umesh Kumar S/O Late Ganpat Gond R/O Aspatal Road, P.S.+Distt.- Buxar .... .... Petitioners

Versus

1. The State Of Bihar

2. The Chief Malaria Officer, Bihar, Patna

3. The District Magistrate-Cum-Collector, Buxar

4. The Civil Surgeon-Cum-Member Secretary Distt. Health Committee, Buxar

5. The District Malaria Officer, Buxar .... .... Opposite Parties ====================================================== Appearance :

For the Petitioners : Mr. Ashwani Kumar Rai, Advocate For the State : Mr. Kamlesh Kumar Sharma, AC to SC 22 ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 15-04-2015 Learned counsel for the State has submitted that petitioner no. 3 has admittedly been appointed during the pendency of this application. However, opposite party nos. 3 and 4 has filed affidavit stating that petitioner nos. 1 and 2 cannot be appointed since they do not fulfill the requisite criteria. In my considered opinion, this issue cannot be resolved in this proceeding and accordingly the same is dropped. However, petitioner nos. 1 and 2, if so advised, would be at liberty to challenge the procedure adopted for

Patna High Court MJC No.1018 of 2013 (16) dt.15-04-2015 2/2 making appointment and rejection of their claim before the appropriate forum.

(Dr. Ravi Ranjan, J) Spd/- U