IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.1599 of 2010
1. BABY KUMARI W/O ARJUN PRASAD C/O RAMJEE PRASAD (PAHALWAN), R/O
VILL.- NEEMCHAK, P.S.- KASHICHAK, DISTT.- NAWADA
2. BIBHA SINHA W/O DINESH PRASAD R/O VILL.- BHAIRO BIGHA, P.S.- KASHI
CHAK, DISTT.- NAWADA
Versus
1. THE STATE OF BIHAR
2. THE PRINCIPAL SECRETARY DEPARTMENT OF HEALTH, GOVT. OF BIHAR,
PATNA
3. THE DIRECTOR IN CHIEF HEALTH SERVICES, GOVERNMENT OF BIHAR, PATNA
4. THE DIRECTOR, HEALTH SERVICES MEDICAL EDUCATION AND FAMILY
WELFARE, GOVERNMENT OF BIHAR, PATNA
5. THE EXAMINATION CONTROLLER CUM DEPUTY SECRETARY, HEALTH SERVICES
DEPARTMENT OF HEALTH, MEDICAL EDUCATION AND FAMILY WELFARE, GOVERNMENT
OF BIHAR, PATNA
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3. 06.09.2010 Heard learned Counsel for the petitioners and the learned
Counsel for the State.
A counter affidavit is filed on behalf of the State.
The petitioners are aggrieved by order dated 21.10.21009
declining admission to them in Auxiliary Nurse Midwife Course
Grade – A, stating that they did not participate in the counseling.
Counsel for the petitioners places reliance on a similar
order passed in CWJC No. 8129 of 2008 urging that this Court
had directed consideration subject to availability of seats only.
The petitioners for one reason or the other could not participate
in the counseling and this Court had condoned any failure to
participate in the counseling.
Counsel for the State relies upon an order of this Court in
CWJC No. 859 of 2008 and analogous cases wherein this Court
declined to interfere in a similar matter. The petitioners therein
had also acknowledged that they failed to participate in the
counseling but sought to explain the same that they did not keep
themselves up to date with newspaper publications.
This Court in CWJC No. 859 of 2008 then held that it
finds it difficult to pass any positive order with regard to the
petitioners in view of the conditions of finality laid down in the
press communiqué dated 23.3.2007 drawing the curtains.
Once the petitioners have acknowledged that they had not
participated in the counseling their claims stand fully covered by
the order of this Court in CWJC No. 859 of 2008. The impugned
order dated 21.10.2009 merits no interference.
The application is dismissed.
Snkumar/- (Navin Sinha,J.)