IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.5742 of 2011
DR.ABHAY KUMAR SINHA, son of Sri Krishna Prasad, Permanent
resident of Mohalla - Gardanibagh, P.S. Gardanibagh, Town &
District-Patna, at present working as Tutor, Department of Physiology,
Nalanda Medical College and Hospital, Patna.
________ Petitioner
Versus
1. THE STATE OF BIHAR through the Principal Secretary,
Department of Health, Medical Education and Family Welfare,
Government of Bihar, Patna.
2. The Deputy Secretary, Department of Health, Medical Education
and Family Welfare, Government of Bihar, Patna.
3. The Director-in-Chief, Health Services, Government of Bihar, Patna.
4. Dr. Mahvir Thakur, son of late Markandey Thakur, presently posted
as Medical Officer in Primary Health Centre, Manigachhi, District-
Darbhanga.
5. Dr. Hemshankar Sharma, son of not known to the petitioner,
presently posted as Senior Resident, Department of Medicine, J.L.N.
Medical College and Hospital, Bhagalpur, District-Bhagalpur.
6. Dr. Vijay Kumar Singh, son of not known to the petitioner, presently
posted as Tutor, Department of Physiology, Shri Krishna Medical
College and Hospital, Muzaffarpur, District - Muzaffarpur.
7. Dr. Raushan Kumar, son of not known to the petitioner, presently
posted as Medical Officer in Primary Health Centre Naukokhe,
District-Begusarai.
8. Dr. Pankaj Mohan Srivastava, son of not known to the petitioner,
presently posted as R.N.T.C.P., D.M.C.H., Darbhanga, District-
Darbhanga.
9. Dr. Kaushal Kumar, son of not known to the petitioner, presently
posted as Registrar, Department of Medicine, Nalanda Medical
College and Hospital, Patna.
10. Dr. Kumar Saurabh, son of not known to the petitioner, presently
posted as Medical Officer, Nathnagar Referal Hospital, Nathnagar,
District - Bhagalpur.
11. Dr. Rajesh Kumar Jha, son of not known to the petitioner, Narayani
Laxmipur Balbhadrapaur, Laheriasarai, Darbhanga, District -
Darbhanga.
12. Dr. Javed Anwar, son of not known to the petitioner, resident of K-
101, Flat No.4, Birl Apatment, Abu Fazal Enclave-1, Okhla, New
Delhi-110025.
13. Dr. Harsh Bardhan, son of not known to the petitioner, resident of
501, P. V. Complex, West Boring Canal Road, Patna.
14. Dr. Sanjeev Kumar Singh, son of not known to the petitioner,
resident of near Savitri Cinema N.H.31, Begusarai, District -
Begusarai.
15. Dr. Ajay Kumar Mishra, son of not known to the petitioner, resident
of C/O Mohan Mishra, Ambalika Bangali Tola, Laheriasarai,
District-Darbhanga.
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16. Dr. Anand Gopal, son of not known to the petitioner, resident of C/O
Dr. Kumari Priya, Department of Obs & Gyanae, Patna Medical
College and Hospital, Town and District - Patna.
17. Dr. Arun Kumar Arun, son of not known to the petitioner, posted as
Medical Officer, Primary Health Centre, Akbarpur Block, District
- Nawada.
18. Dr. Ajay Kumar, son of not known to the petitioner, resident of C-
86, 1st floor Mahendru Enclave, G.T. Carnal Road, New Delhi.
19. Dr. Kaushal Kumar Jha, son of Sri Kant Jha, Ward no.47, Braham
Asthan Laheriasarai, Town and District - Darbhanga.
20. Dr. Ravindra Kumar Das, son of not known to the petitioner, Senior
Resident (Contract) Medicine Department, Darbhanga Medical
College and Hospital, Laheriasarai, Town and District - Darbhanga.
21. Dr. Nasim Ulhak, son of not known to the petitioner, Resident of
C/O Ajam Khatoon, House No.A-47, Enaiyat Colony, Bari Road,
Near Masjid, Gaya, District - Gaya.
_______ Respondents
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02. 20.04.2011 Petitioner is not satisfied with the so-called panel
which has been drawn up for appointment as tutors in the
Department of Medicine, in the Medical Colleges of Bihar
because according to the petitioner, his name ought to have
figured at a much higher place than serial No.47 where his name
stands. He has objections against the inclusion of many a
persons above him in the panel, details of which have been
furnished by him in various applications which he came to file
before the respondent authorities, which are Annexures-15, 16
and 17. Since no cognizance has been taken to such objections,
apprehending that appointments are going to be made without
effecting any change in the panel or taking a decision on the
objections of the petitioner, he filed the present writ application.
If the notification itself talks in terms of filing of
objection by the persons concerned, who have a grievance in
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terms of Annexure-7, then the respondent authorities have an
obligation to go into those objections and settle the issue by
either making an appropriate correction or rejecting the claim
as the case may be. But keeping quiet on the issue is not going
to help the situation.
Stand of the counsel for the State is that the
petitioner has raised several kinds of objections in the various
applications filed by him and has even tried to improve upon it
by bringing new materials . Therefore it will be in the interest of
things that petitioner should file fresh application incorporating
the materials conceivably he can think of, before the Principal
Secretary, Health Department, Government of Bihar, who will
have an obligation to take note of those objections, get it
verified and hear the persons concerned who are going to be
effected by such a decision and pass a final order before
appointment based on the prepared panel is made. This will be
also in the interest of administration as it will prevent filing of
cases after such appointments are made on one ground or the
other.
Let the petitioner file such an objection within a
week from today. Respondent no.1, Principal Secretary will
thereafter get the matters verified and communicate the final
opinion on the objection of the petitioner at the earliest but
preferably before appointments are made in terms of
advertisement contained in Annexure-2.
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The writ application is disposed of with above
direction.
rkp ( Ajay Kumar Tripathi, J.)