Dr. Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15883 of 2022 ====================================================== Dr. Rajesh Kumar Son of Sri Ganauri Prasad Resident of Village and PostBangpur, P.S. Parwalpur, District- Nalanda, Bihar- 803114. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Health, Government of Bihar, Patna- 800001.

2.

The Principal Secretary, Department of Health, Government of Bihar, Patna800001. 3.

The Officer on Special Duty, Department of Health, Government of Bihar, Patna- 800001.

4.

The Bihar Combined Entrance Competitive Examination Board through its Chairman, I.A.S. Association Building, Near Patna Airport, Patna- 800014. 5.

The Chairman, Bihar Combined Entrance Competitive Examination Board, I.A.S. Association Building, Near Patna Airport, Patna- 800014. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shekhar Singh, Sr. Advocate Mr. Sumit Kumar, Advocate For the State :

Mr. S.D. Yadav, AAG-9 For B.C.E.C.E. Board :

Mr. Prasoon Sinha, Sr. Advocate Mr. Prabhat Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE NANI TAGIA ORAL ORDER 04-07-2025 Heard learned counsel for the parties.

2. This writ petition has been filed with following relief(s):- "A. For a direction to the respondent authorities to consider and treat the petitioner, (Registration no. 9220000008) eligible for appointment on the post of Tutor in Bihar State Government Medical Colleges and Hospital as per Advertisement No.

BCECEB/Health/2022/01& 02 dated 17.08.2022 and to further consider his candidature along

Patna High Court CWJC No.15883 of 2022(6) dt.04-07-2025 2/3 with the other eligible candidates for appointment on the post of Tutor in view of the facts and circumstances of this case.

B. The petitioner alternatively prays for a direction to the respondent nos. 1 to 3 to give posting to the petitioner on the post of Tutor (Pharmacology) in order to enable him to acquire appropriate experience enabling him to be considered or to acquire eligibility for appointment on the post of Assistant Professor (Pharmacology)."

3. The respondents have filed counter affidavits.

4. Learned Senior Counsel for the petitioner has submitted that this writ petition may be disposed off in the light of the statement made in paragraph no. 12 of the counter affidavit filed by respondent nos. 1 to 3, which is extracted hereinbelow:- "12. That however, recently, vide Departmental Memo No.- 91 (17) dated27.01.2023 the State Government has decided that those PG/Diploma pass students covered by the three year bond, who have not been posted in the Medical College & Hospital on the post of Senior Resident/Tutor, have been allowed to apply in the upcoming advertisement to be published by Bihar Combined Entrance Competitive Examination Board, Patna for appointment on vacant posts of Senior

Patna High Court CWJC No.15883 of 2022(6) dt.04-07-2025 3/3 Resident/Tutor."

5. As prayed for by learned Senior Counsel for the petitioner, the writ petition is disposed off. (Nani Tagia, J) Amrendra/- U