Patna High CourtCWJC/4082/2015dismissed

Kaifur Rahman v. The State Of Bihar And ORS

2016-11-29Mr. Justice Vikash Jain,Mr. Justice Hemant Gupta2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4082 of 2015 =========================================================== Kaifur Rahman S/o Late Matiur Rahman R/o Moh. Bauli, P.O.+P.S.- Phulwarisharif, Distt. - Patna (Bihar), PIN - 801505. .... .... Petitioner

Versus

1. The State of Bihar, through the Chief Secretary, Government of Bihar, Old Secretariat, Patna, Bihar.

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

3. The Director of Medical Education/Director-in-Chief Health Services, Government of Bihar, Vikas Bhavan, Patna - 800015 (Bihar).

4. Medical Council of India, New Delhi through its Secretary.

5. The Principal, Patna Medical College and Hospital, Patna.

6. The Superintendent, Patna Medical College and College Hospital, Patna. .... .... Respondent/s =========================================================== Appearance:

For the Petitioner/s : None For the State : Mr. Ravindra Kumar, AC to AAG-6. For the Medical Council : Mr. Kumar Brijnandan, Advocate. of India : Mr. Tarees Hameed, Advocate. =========================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE And HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE) Date: 29-11-2016 The petitioner has filed the present writ application in public interest seeking removal of Dr. Lakhindra Prasad, Superintendent, Patna Medical College and Hospital, Patna on the ground that he is not possessing a post graduate medical degree, therefore, he is not eligible for being appointed as superintendent of a technical hospital.

2. We find that the present writ application pertains to service matters i.e. removal of a superintendent of a Medical College.

Patna High Court CWJC No.4082 of 2015 dt.29-11-2016 2/2 Therefore, the same is not maintainable in view of a recent judgment passed by this Court in L.P.A. No. 21601 of 2014 (Samrendra Kumar Sudhansu Vs. The State of Bihar & Ors.) decided on 21st of November, 2016.

Consequently, the writ application is dismissed. (Hemant Gupta, ACJ) (Vikash Jain, J) Mishra AFR/NAFR N.A.F.R.

CAV DATE N.A.

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