Dhiraj Kumar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17802 of 2021 ====================================================== 1.

Dhiraj Kumar Pandey Son of Randhir Kumar Pandey Resident of Ward No. 09, Gandaul, P.S. Bihra, Distt. Saharsa.

2.

Nishant Kumar Son of Vijay Kumar Das Resident of Mohalla Vidyapuri, Near Kendriya Vidyalaya, Kankarbagh, P.S. Patrakar Nagar, Distt. Patna. 3.

Wajid Ali Aiyubi Son of M.A. Ansari Resident of Block- 10, Flat- 57, L.F.- 1, Road No. 106, Patna, Sampatchak, Distt. Patna. 4.

Reetesh Charan Son of Krishna Madhurendra Charan Resident of Kusum Cottage 622/631, Rambagh Road, Razi Haider Compound, Musahri, Muzaffarpur, Distt. Muzaffarpur.

5.

Md. Ashraf Ali Son of Md. Abuzar Resident of Kawa Tola, Fatahpur Kawa, Post Kawa, Patepur, Distt. Vaishali.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, General Administration Department, Bihar, Patna.

2.

Principal Secretary, Health Department, Bihar, Patna. 3.

Director in Chief, Health Department, Bihar, Patna. 4.

Special Secretary, Health Department, Bihar, Patna. 5.

Bihar Technical Service Commission, Patna through its Chairman, 19, Harding Road, Patna.

6.

Secretary, Bihar, Technical Service Commission, Patna. 7.

Deputy Secretary, Bihar Technical Service Commission, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abdul Wadood, Adv.

For the Respondent/s :

Mr.Mujtabaul Haque, GP-12 Mr.Manish Kumar, AC to GP-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-02-2024

1. The present writ petition has been filed seeking the following relief(s):- "1. That this writ application is being filed for a direction or directions commanding the respondents to provide an opportunity to the petitioner for filling up online form as due to 2nd

Patna High Court CWJC No.17802 of 2021(2) dt.21-02-2024 2/3 wave of Covid-19, the petitioners could not fill up the form online for the post of Occupational Therapist and Physiotherapist in view of Advertisement made by the Bihar Technical Commission, Bihar, Patna vide Advertisement No.01/2020 for the post of Occupational Therapist and Advertisement No.02/2020 for the post of Physiotherapist. In the aforesaid advertisement suitable candidates, were invited to submit online application in the website of the commission from 16.03.2020 to 15.04.2020. Again in the light of order passed in CWJC No.7270/20 with its analogous case the dte of submission of form has been extended from 1.4.21 to 15.4.21."

2. Though, the learned counsel for the petitioners fairly submits that now the present writ petition has been rendered infructuous, however, he seeks liberty on behalf of the petitioners to participate in future recruitment process to be conducted by the respondents.

3. It is needless to state that in case any future recruitment drive is conducted by the respondents, the petitioners would obviously be at liberty to participate in the same, however, their candidature shall be considered on merits and in accordance with law.

4. The writ petition stands disposed off on the

Patna High Court CWJC No.17802 of 2021(2) dt.21-02-2024 3/3 aforesaid terms.

(Mohit Kumar Shah, J) sonal/- U