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Patna High CourtCWJC/19331/2021dismissed

Dr. Arunima Mishra v. The State Of Bihar Through The Chief Secretary,

2022-01-05Mr. Justice P. B. Bajanthri2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19331 of 2021 ====================================================== Dr. Arunima Mishra, Wife of Shri Saroj Kumar, Resident of Srinagar Colony, Road No. 9, North of A.G. Colony Park Police Station - Shastri Nagar, District- Patna.

... ... Petitioner/s

Versus

1.

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

The Additional Chief Secretary, Health Department, Government of Bihar, Patna.

3.

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

4.

The In - charge Secretary of the Bihar Technical Services Commission, 19, Harding Road, Patna.

5.

The National Medical Commission, Pocket - 14, Sector - 8, Dwarka Phase I, New Delhi - 110077.

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

For the Petitioner/s :

Mr. Navendu Kumar, Advocate For the Respondent/s :

Mr.Rajeshwar Singh, GA-10 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 05-01-2022 This matter is heard via video conferencing due to circumstances prevailing on account of COVID-19 Pandemic.

2. Heard learned counsel for the parties.

3. In the instant petition, the petitioner has prayed for the following reliefs:

"i. To issue a writ of mandamus directing the concerned respondents to appoint the petitioner on the post of Specialist Medical Officer (Gynaecology & Obstetrics) in the basic grade in the unrevised pay scale of Rs. 9300 to 34,800, Pay Band-2, Grade - Pay 5400 as advertised by the Bihar Technical Service

Patna High Court CWJC No.19331 of 2021 dt.05-01-2022 2/2 Commission in advertisement no. 04/2021 as she is fit and eligible for this post.

ii. To quash/ set aside the final result posted on the official website of the Commission contained in notice bearing number Sam.-03/ Paree. -BSTC 56/2021 1609 dated 11.10.2021 pertaining to selection against the Advertisement no.04/2021 as it is prepared without application of mind.

iii. To any other relief or reliefs for which the petitioners are found to be entitled in the facts and circumstances of the case."

4. In so far as challenge to the final result, the petitioner has not arrayed the necessary and proper parties, whose rights are likely to be affected in the event of quashing of the final result dated 11.10.2021.

5. Accordingly, the present petition stands dismissed reserving liberty to the petitioner to file a fresh petition while arraying necessary and proper parties whose rights are likely to be affected.

(P. B. Bajanthri, J) uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date 12.01.2022 Transmission Date NA