Arvind Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15825 of 2023 ====================================================== Arvind Kumar Son of Bijay Chaudhary, Resident of Village- Bari Ashikpur, P.S.- East Colony, Naya Gaon, District- Munger. ... ... Petitioner/s

Versus

1.

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

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

3.

The Principal Secretary, General Administration Department, Government of Bihar, Patna.

4.

The Additional Chief Secretary, Cabinet Secretariat Department, Government of Bihar, Patna.

5.

The Director-in-Chief (Health Services), Govt. of Bihar, Patna. 6.

The Chairman, Bihar Technical Service Commission, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shashi Bhushan Singh, Advocate For the Respondent/s :

Mr.Mujtabaul Haque ( Gp 12 ) For BTSC :

Mr.Nitesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 08-04-2024

1. The present writ petition has been filed seeking the following relief(s):- "1(A) For issuance of appropriate writ in the nature of Certiorari for quashing the letter No. 1368 (4) dated 19.09.2023 Issued by the Director -In-Chief, Health Services, Govt. of Bihar by which required amendment is going to make in the Bihar Pharmacist Cadre Rules, adding written examination in selection process in view of letter No. 6471 dated 05.04.2023 issued by General Administration Department, Bihar and further requested for

Patna High Court CWJC No.15825 of 2023(2) dt.08-04-2024 2/2 stay the process of recruitment which is going on in view of advertisement No. 05/2023, as reference of letter No. 6471 dated 05.04.2023 is not applicable in the present case, since advertisement has issue prior to existence of aforesaid letter, moreover as per law laid down by the Hon'ble Apex Court the criteria for selection can not be altered by the authorities concerned in the middle or after the process of selection has commenced.

(B) For issuance of an appropriate writ in the nature of Mandamus, Commanding and directing the Respondent authorities to conclude the selection process in view of Advertisement No. 05/2023 dated 03.04.2023."

2. At the outset, the learned counsel for the respondent-Bihar Technical Service Commission, Patna submits that the Advertisement in question has already stood withdrawn, hence the present writ petition has been rendered infructuous.

3. The learned counsel for the petitioner submits that if it be so, the present writ petition be disposed off.

4. Accordingly, the writ petition stands disposed off. (Mohit Kumar Shah, J) Saurav/- U