Patna High CourtCWJC/2400/2015dismissed

Niranjan Kumar v. The State Of Bihar And ORS

2017-01-20Mr. Justice Sudhir Singh,Mr. Justice Hemant Gupta2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2400 of 2015 =========================================================== Niranjan Kumar, Son of Sri Satish Chandra Sharma, Resident of Village - Paleya, P.S. - Makhdumpur, District - Jehanabad.

.... .... Petitioner/s

Versus

1. The State of Bihar through the chief Secretary, Govt. of Bihar, Patna.

2. The Principal Secretary, Health Department, Govt. of Bihar, Patna.

3. Dr. Harihar Nath Diwakar @ H.N. Diwakar, Director, Lok Nayak Jaiprakash Narayan Hospital, Rajbanshi Nagar, Patna.

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

For the Petitioner/s : Mr. Arvind Kumar, Advocate For the Respondent/s : Mr. A.R. Pandey, AAG-7 Mr. Amarendra Kumar, Advocate =========================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE) Date: 20-01-2017 Heard learned counsel for the parties.

2. The petitioner has filed the present writ application in public interest seeking direction for appointment of eligible persons as specialized doctors and also to seek removal of Respondent No. 3 from the post of Director of Lok Nayak Jai Prakash Narayan Hospital, Patna.

3. The prayer regarding removal of Director of the hospital discloses public interest writ petition in a service matter. Therefore, in view of the Division Bench judgment of this Court in C.W.J.C. No. 21601 of 2014 (Samrendra Kumar Sudhansu Vs. The

Patna High Court CWJC No.2400 of 2015 dt.20-01-2017 2/2 State of Bihar & Ors.), decided on 21st of November, 2016, such Public Interest Writ application is not maintainable.

4. However, the matter regarding appointment of specialized doctors in Hospitals in Patna including Lok Nayak Jai Prakash Narayan Hospital, Patna is subject matter of another writ application filed in public interest. Said question will be examined therein. Consequently, the present writ application is dismissed. (Hemant Gupta, ACJ) (Sudhir Singh, J) P.K.P.

AFR/NAFR N.A.F.R.

CAV DATE N.A.

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