Dr. Upendra Prasad Singh And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3298 of 2015 ===========================================================

1. Dr. Upendra Prasad Singh Son of Sri Jeewachh Singh Resident of Village P.O. - Saini, P.S.- Fulparas , District- Madhubani.

2. Dr. Amrendra Kumar Son of Sri Ram Prasad Yadav Resident of Village + P.O. - Bachchhi, P.S. - Baheri, District- Darbhanga.

3. Dr. Vimal Kumar Thakur Son of Late Rameshwar Thakur Resident of Village - Gangwara , P.O. - Sara Mohanpur, P.S. + District- Darbhanga.

4. Dr. Brahma Nand Pandit Son of Sri Satyadeo Pandit, Resident of Village - Pathalgdha, P.O.- Kumar Khat , District- Madhubani.

5. Dr. Abdul Khalik Khan Son of Sri Jammluddin Khan Residnet of Village + P.O. +P.S. - Nasriganj , District- Rohtas.

6. Dr. Jagat Kumar Son of Late Ramnandan Mahto , Resident of Village + P.O. - Vishanpur Hakimabad , P.S. + District- Samastipur.

7. Dr. Sunil Kumar Son of Late Chandrika Prasad Singh Resident of MohallaTilka Kushwaha Colony , P.S. _ Civil Line Gaya, District- Gaya.

8. Dr. Kumari Neelam Wife of Dr. Jitendra Prasad Resident of Village + P.O. - Bathua Bazar , P.S. - Fulwari , District- Gopalganj. .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Health Services, Government of Bihar, Patna.

2. The Director, Health Services, Government of Bihar, Patna.

3. The Executive Director, State Health Society, Bihar, Parivar Kalyan Bhawan Sekhpura Patna.

4. The Director, Rajaya Swasth Samiti, Government of Bihar, Patna

5. The Deputy Director, (Deshi Chikitsa) Health Department, Government of Bihar, Patna.

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

For the Petitioner/s : Mr. Arun Kumar No. 1 For the Respondent/s : Mr. Anil Kumar Upadhyay, SC 20 Mr K. K. Sinha =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 29-06-2015 Writ application is now required to be dismissed on the sole ground that the rejection of the claim of these petitioners is indicated in the declared result contained in Annexure- 6. The reason

Patna High Court CWJC No.3298 of 2015 dt.29-06-2015 2/2 assigned is that they are overage. The age fixed for such appointment was declared as 45.

A similar challenge was made in yet another writ application fixing 45 years of age to be discriminatory and arbitrary. Annexure- C is the order annexed with the counter affidavit where this Bench considered and dismissed the writ application. For the reasons given in the order dated 13.5.2015 passed in CWJC No.3463 of 2015, the reason for rejection of the claim of the petitioners on the ground of overage is not required to be interfered with.

Writ is dismissed.

(Ajay Kumar Tripathi, J) sk U