IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.5475 of 2005
DR.BRISH BHAN GUPTA, SON OF SHRI KRISHNA CHANDRA GUPTA, RESIDENT OF
6B/9 TILAK MARG, NORTH S.K. PURI, P.S. S.K. PURI, TOWN AND DISTRICT PATNA.
---------------------------------------------------------------------------------------------------- PETITIONER
Versus
1. THE STATE OF BIHAR THROUGH THE SECRETARY, MEDICAL EDUCATION
AND FAMILY WELFARE DEPARTMENT, GOVERNMENT OF BIHAR, NEW
SECRETARIAT, VIKAS BHAWAN, PATNA.
2. BIHAR PUBLIC SERVICE COMMISSION THROUGH ITS CHAIRMAN, 15
JAWAHARLAL NEHRU MARG, BAILEY ROAD, PATNA.
3. SECRETARY, BIHAR PUBLIC SERVICE COMMISSION, 15 JAWAHARLAL NEHRU
MARG, BAILEY ROAD, PATNA.
4. DEPUTY SECRETARY, BIHAR PUBLIC SERVICE COMMISSION, 15
JAWAHARLAL NEHRU MARG, BAILEY ROAD, PATNA.
------------------------------------------------------------------------------------------------ RESPONDENTS
For the petitioner :- Mr. Shivendra Kishore, Advocate
For the State :- Mr. Shankar Kumar, A.C. to A.A.G. 15
For the B.P.S.C. :- Mr. Nadim Seraj, Advocate
********
6 2.2.2011 The petitioner is aggrieved by the
fact that the Health Department through the
B.P.S.C. has been issuing advertisements for
appointment to the post of Senior
Resident/Tutor. The first advertisement was
issued in the year 2001. One of the
conditions in the said advertisement was
that there would be no age bar for Medical
Officers who are already in service of the
State of Bihar. This advertisement of the
year 2001 was withdrawn. Subsequently, in
the year 2005, another advertisement was
issued in which one of the conditions was
prescribing the age limit for applying for
2
the post. This advertisement was also
withdrawn.
Learned counsel for the petitioner
submits that when the State Government is
advertising for a particular post after gap
of long period, there should not be any age
bar, as it is detrimental for those persons
who are eligible to apply for the post had
there been regular appointments made
periodically for the post advertised.
These aspects of the matter would
obviously be considered if and when an
advertisement is issued. This court cannot
pass any positive order in view of the fact
that the advertisement of the year 2005 by
which the petitioner was aggrieved
prescribing the age bar for the Medical
Officers for applying for the post of Senior
Resident/Tutor has been cancelled/withdrawn
by letter datedf 2.8.2006.
One ground raised on behalf of the
petitioner which in my opinion is justified
is that the State Government is inviting
persons for the post of Senior
Resident/Tutor and after issuing
advertisement withdraws it for one reason or
3
the other, or without assigning any reason.
I do not think that the conduct of the
Department concerned is fair and some
remedial steps should be taken by the Health
Department on this issue. Counsel for the
petitioner would be at liberty to bring this
order to the notice of the Principal
Secretary, Health Department. For the
present, however, no positive order can be
passed since there is no advertisement
issued by the Health Department.
This writ application is accordingly
disposed of.
Sanjay ( Sheema Ali Khan, J.)