Saibeni Badi @ Saibani Badi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19369 of 2019 ====================================================== Saibeni Badi @ Saibani Badi D/o Panchanan Dali, Wife of Ram Das Ray Resident of Village- Tharhi, P.S.- Andharatharhi, District- Madhubani. ... ... Petitioner

Versus

1.

The State of Bihar through its Principal Secretary Health and Family welfare Department Govt. of Bihar, Patna.

2.

The President of Bihar Nurses Registration Council cum Director-in-chief Health Service Bihar Vikash Bhawan, New Secretariat, patna. 3.

The Registrar Bihar Nurses REgistration Council Vikash Bhawan, New Secretariat, Patna.

4.

The Chairman of Bihar Technical Service Commission 19 Harding Road, Patna.

5.

The Secretary of Bihar Technical Service Commission 19 Harding Road, Patna.

6.

The Deputy Secretary of Bihar Technical Service Commission Patna. 7.

The Examination Controller of Bihar Technical Service Commission Patna. ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr.Sanjeev Kumar Jha For the Respondent State:

Mr.Pankaj Kumar (Sc12) Mr.Anuj Kumar, AC to SC-12 For the BMRC :

Mr.Awadhesh Kumar Pandit For the BTC :

Mr. Nikesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 06-11-2019 Following is the relief, which the petitioner is seeking : - "i) For setting aside the advertisement no.02/2019 given by the respondent no.7 by which the requisite qualification is determined for the vacancy of Sl. No. 1 Grade A Nurses is contrary to the statutory provision of Bihar and Odisha Nurses Registration Act, 1935 as well as violation of Article 14 & 16 of the Constitution of India. ii) For issuance of direction to the authorities concern to make necessary rectification with regard to the requisite qualification of Sl No.1 for the post of Nurses Grade A in the

Patna High Court CWJC No.19369 of 2019(3) dt.06-11-2019 2/2 above mentioned advertisement in accordance with the constitutional provision of India as well as statutory provision of Bihar Nurses Registration Council Rules and then publish fresh advertisement with regard to the aforesaid mentioned posts.

iii) For issuance of direction to the authorities concern to accept the application form of the petitioner for the post of Nurses grade A mentioning at Sl no.1 of the advertisement after considering her proper degree in Diploma in GNM." A counter affidavit has been filed on behalf of respondents No. 4 to 7, the Bihar Technical Service Commission, Patna, from which it transpires that the grievance of the petitioner has been redressed inasmuch as the petitioner may now apply on-line pursuant to the advertisement in question for selection to the post of GNM in view of the corrigendum issued by the Commission on 14.08.2019, which has been brought on record by way of Annexure-B to the counter affidavit.

This writ application stands disposed of.

(Chakradhari Sharan Singh, J) Pawan/- U