Patna High Court
The State Of Bihar And Ors vs Baidya Nath Kamat And Ors on 6 December, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.38 of 2014
In
Civil Writ Jurisdiction Case No.12182 of 2008
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1. The State Of Bihar
2. The Director In Chief, Health Services, Government Of Bihar, Patna.
3. The Director, Health Services, Government Of Bihar, Patna.
4. The Deputy Director, Health Darbhanga Division Darbhanga.
5. The Civil Surgeon Cum Chief Medical Officer, Madhubani, District-
Madhubani.
6. The Superintendent State Dispensary, Madhubani, District- Madhubani.
7. The Incharge Medical Officer, Primary Health Centre, Ghoghardiha
Madhubani.
... ... Appellant/s
Versus
1. Baidya Nath Kamat and Ors S/O Late Ravi Kamat Resident Of Village-
Bodai, P.S- Lakhnaur, District- Madhubani.
2. Upendra Yadav S/O Late Bilat Yadav Resident Of Village- Nemua, P.S-
Lakhnaur, District- Madhubani.
3. Binod Kumar Jha S/O Shri Shobha Nath Jha Resident Of Village Amaroopi
Dasan, P.S- Lakhnaur, District- Madhubani.
4. Md. Rasul S/O Md. Mannan Resident Of Village Bodai, Teghara, P.S-
Lakhnaur, District- Madhubani.
5. Kusheshwar Yadav S/O Shri Ganga Ram Yadav Resident Of Village- Bodai,
P.S- Lakhnaur, District- Madhubani.
6. Bhola Nath Sah S/O Late Kusumlal Sah Resident Of Village Bodai, P.S-
Lakhnaur, District- Madhubani.
7. Nathan Kamt S/O Shri Gonar Kamat Resident Of Village And P.O-
Dogmara, District- Supaul.
... ... Respondent/s
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Patna High Court L.P.A No.38 of 2014 dt.06-12-2021
Appearance :
For the Appellant/s : Mr.Pushkar Narain Shahi, AAG-6
Mr. Patanjali Rishi, Adv
For the Respondent/s : Mr.Jai Prakash Verma, Adv
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 06-12-2021
Heard learned counsel for the parties.
This LPA under Clause 10 of Letters Patent Appeal has
been preferred for setting aside the judgment and order dated
06.10.2009 in CWJC No. 12182 of 2008 (Baidya Nath Kamat &
Ors Vs. state of Bihar & Ors and its analogous cases) passed by
learned Single Judge of this Court.
Since the State has seriously challenged the authenticity
of the documents placed on record by the writ petitioner-
respondent herein hence disputed question of fact arise which
cannot be easily adjudicated in the present petition, as such, as
jointly prayed for we are passing the following order:-
The learned single Judge had disposed of the writ
petition vide order dated 06.10.2009 passed in CWJC No.
12182 of 2008 (Baidya Nath Kamat & Ors Vs. state of Bihar &
Ors and its analogous cases).
Against the order passed by learned Single Judge State
Patna High Court L.P.A No.38 of 2014 dt.06-12-2021
of Bihar had preferred this appeal in which on 10.11.2020
following order was passed:-
"10.11.2020
None appears on behalf of the writ-petitioner.
On behalf of the State, it is pointed out that the
matter in issue is squarely covered vide judgment dated
17th of October, 2019 passed by Hon'ble the Apex
Court in Civil Appeal No. 7879 of 2019 arising out of
S.L.P. (Civil) No. 11885 of 2012 titled as State of Bihar
Vs. Devendra Sharma.
As none has appeared, list in the category of '
Order Matters' on 27th of November, 2020."
It is not in dispute before us that the issue with regard to
the appointments, whether illegal or irregular now stands settled
vide judgment of Hon'ble the Apex Court in the case of State
of Bihar and Ors. vs. Devendra Sharma since reported in
(2020) 15 SCC 466.
The writ petitioners/respondents case is now to be
factually verified in view of the principles enunciated in the said
decision.
In this view of the matter, as jointly prayed for, we
dispose of the present appeal with a direction to the appellant
authority to consider the case of the writ petitioners/respondents
Patna High Court L.P.A No.38 of 2014 dt.06-12-2021
herein in the light of the ratio laid down in Devendra Sharma
(supra).
Writ petitioners/respondents herein shall approach the
appellant authority within a period of four weeks for which
period status quo as on date shall be maintained, failing which
there shall be automatic vacation of the order, with all
consequences to follow.
However, as and when any such request is received, the
same shall be considered and decided in accordance with law
within a period of two months thereafter. The authority shall
pass an order accounting for all the attending facts and
circumstances of the present case, including the law laid down
by the Hon'ble Apex Court in Devendra Sharma (supra).
Whether the writ petitioners/respondents appointment is illegal
or irregular would be examined with all resultant consequences.
Copy of the order assigning reason shall be supplied to
the writ petitioners/respondents herein .
Liberty reserved to writ petitioners/respondents herein
to approach the court, should the need so arise subsequently, on
the same and subsequent cause of action.
The appeal stands disposed of with aforesaid observation
and direction.
Patna High Court L.P.A No.38 of 2014 dt.06-12-2021
Interlocutory application (s), if any, shall stand disposed
of.
(Sanjay Karol, CJ)
( S. Kumar, J)
ranjan/-
AFR/NAFR
CAV DATE
Uploading Date 10.12.2021
Transmission Date
