Dr. Anil Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1329 of 2016 ====================================================== Dr. Anil Kumar Son of Sri Rakshak Paswan Resident of At Bengali Tola, P.O. + P.S. Laheriasarai, District - Darbhanga, Bihar .... .... Petitioner

Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna 2.

The Principal Secretary, General Administration Department, Government of Bihar, Patna

3. The Principal Secretary, Health Department, Government of Bihar, Patna

4. The Joint Secretary, Health Department, Government of Bihar, Patna

5. The Bihar Public Service Commission through its Secretary, 15 Jawaharlal Nehru Marg, Bailey Road, Patna

6. The Chairman, Bihar Public Service Commission, 15 Jawaharlal Nehru Marg, Bailey Road, Patna .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Kumar Kaushik, Adv. For the Respondent/s : Mr. Kumar Kamal Nayan, AC to SC-28 For the BPSC : Mr. Sanjay Pandey, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 13-07-2017 Heard Mr. Kumar Kaushik, learned counsel for the petitioner, learned counsel for the State and Mr. Sanjay Pandey, learned counsel for the Bihar Public Service Commission. It is the grievance of the petitioner that he had produced necessary certificates during the course of verification of documents affirming his MBBS degree before the Commission for appointment to the post of General Medical Officer but this fact has been denied by the Commission to disqualify him in the selection process.

Mr. Kumar Kaushik while referring to a judgment of the

Patna High Court CWJC No.1329 of 2016 (2) dt.13-07-2017 Division Bench enclosed at Annexure 8 of the rejoinder to the counter affidavit has submitted that the directions present therein would govern the present case as well. A copy of the order passed in C.W.J.C.No. 3868/2016 has also been produced alongside to submit that in similar situation the Secretary of the Commission was directed to accord similar relief as having been granted to other similarly placed persons under the orders of this Court passed by this Court.

Having heard learned counsel for the parties and considering the position as it stands in view of the order passed by the Division Bench present at Annexure 8 as well as the order passed by this Court in C.W.J.C.No. 3868/2016, the writ petition is allowed with a direction to the Secretary, Bihar Public Service Commission, to do the needful and take necessary steps for verification of original documents of the petitioner within a period of three weeks from the date of receipt/ production of a copy of this order (Jyoti Saran, J) Surendra/- U