Gopal Prasad Sinha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.782 of 2018 ====================================================== Gopal Prasad Sinha, Son of Sri Nawal Kishore Prasad, Resident of Mogalpura Laltoli, Police Station-Khanjekala, District-Patna. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Commissioner - Cum- Secretary, Health and Family Welfare Department, New Secretariat, Bihar, Patna 3.

The deputy Director, Health Services T.B., Bihar,Patna. 4.

The District T.B. Officer, District T.B. centre, Siwan, Bihar. 5.

The In-charge Medical Officer, Additional T.B. Centre, Siwan, Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Alok Kumar Sinha, Sr. Advocate Mr. Rajiv Ranjan, Advocate Mr.Ajoy Kumar Chakraborty For the State :

Mr.Birju Prasad-GP13 Mr. Ajit Anand, AC to GP-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 22-01-2024 Heard learned counsel for the petitioner and learned counsel for the State.

2. Learned counsel for the petitioner submits that the name of the petitioner was recommended for appointment by the Bihar Public Service Commission in the light of the

Patna High Court CWJC No.782 of 2018 dt.22-01-2024 2/3 judgment rendered in the case of Ashwani Kumar & Ors. vs. the State of Bihar and Ors. reported in 1997 (2) SCC 1. Learned counsel for the petitioner further submits that his name was recommended by the Bihar Public Service Commission at Sl. No. 16, but final selection has not been made whereas other persons who are below in the rank from the petitioner have been selected but the information has not been provided to the petitioner as to why he has not been finally selected.

3. Learned counsel for the State has filed a counter affidavit and submits that this Hon'ble Court vide order dated 15.01.2018, on the submission of the petitioner to the effect that similar cases as that of the present one, are pending before the Hon'ble Apex Court for hearing in Special Leave to Appeal (c) No. 28306 of 2014 and analogous cases, pleased to direct that the case shall be listed after disposal of the said SLP.

4. Learned counsel for the petitioner submits that the said SLP has been disposed of on 17.10.2019.

5. In this background, this writ petition stands disposed off directing the petitioner to file a representation before the Director-in-Chief, Health Services, Government of Bihar, Patna who shall pass a reasoned and speaking order as to why the selection of the petitioner could not be made even after

Patna High Court CWJC No.782 of 2018 dt.22-01-2024 3/3 recommendation by the Bihar Public Service Commission. He shall decide the said representation of the petitioner within 90 days from the date of production of a copy of this order. Ashwini/- (Dr. Anshuman, J) AFR/NAFR CAV DATE NA Uploading Date 23/01/2024 Transmission Date NA