Patna High Court
Sanjeev Kumar Jha vs The State Of Bihar on 22 November, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9620 of 2020
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Sanjeev Kumar Jha, Son of Leela Raman Jha, Resident of Village-
Mahinathpur, P.S. Bhairabasthan, District-Madhubani.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Principal Secretary, Department of Health Government of Bihar, Patna.
3. Director, Health Services, Goverment of Bihar, Patna.
4. Staff Selection Commission, P.O.-Veterinary College, Patna-800014,
through its Secretary.
5. Secretary, Staff Selection Commission, P.O.-Veterinary College, Patna-
800014,
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.
For the Respondent/s : Mr. S.D. Yadav, AAG-9
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 22-11-2021
None appears for the petitioner.
2. In the instant petition, petitioner has prayed for
following reliefs:
"(i) For issuance of an order,
direction or writ including writ in the nature of
mandamus commanding the respondents to
count the experience gained by the Petitioner at
the Central super specialty hospital, ECR/
Patna for the purpose of selection and
appointment of the Petitioner to the Clsaa-III
technical post of laboratory technician under
the health department government of Bihar.
(ii) For issuance of an order,
direction or writ including writ in the nature of
Mandamus commanding the respondents to
allow the petitioner to appear in the interview
after adding the marks allotted for work
Patna High Court CWJC No.9620 of 2020 dt.22-11-2021
experience in government hospitals.
(iii) For issuance of an appropriate
declaration holding that in view of the
Judgment of the Hon'ble Supreme Court in the
case of Dr. (Major) Meeta Sahai vs State of
Bihar (C.A. No. 9482 of 2019) the respondents
are under obligation to count the experience of
the Petitioner in the central government
hospital.
(iv) For issuance of an appropriate
declaration that non consideration of the
experience of the Petitioner at the Central super
specialty hospital, ECR/Patna would
tantamount to violation of Article 16 of the
constitution of India and the law laid down by
the Hon'ble Supreme Court in C.A. No. 9482
of 2019.
(v) For any other relief, reliefs to
which the petitioner may be found entitled to in
the facts and circumstances of the case."
3. Pursuant to the advertisement dated 21.06.2015
for selection and appointment to the Class-III post in the health
department, petitioner is candidate of laboratory technician. His
grouse is that experience gained by him at Central Super
Speciality Hospital, ECR, Patna has not been taken note of for
the purpose of selection and appointment to the post of lab
technician.
4. The concerned respondent is hereby directed to
redress the grievance of the petitioner in passing a speaking
order as to whether petitioner is entitled to reliefs sought by him
in the present petition. The competent authority is hereby
directed to take note of the issue of delay in approaching this
Patna High Court CWJC No.9620 of 2020 dt.22-11-2021
court for the reasons that advertisement was issued in the year
2015 whereas present petition is presented in the year 2020. If
the selection process including order of appointments were
issued prior to 15.12.2020 necessary indulgence shall not be
issued to petitioner. At this juncture, petitioner's grievance
cannot be redressed. If the selection process is not completed as
on 15.12.2020, in such event, the petitioner's grievance shall be
redressed by counting the aforesaid experience in accordance
with law for the purpose of selection and appointment to the
post of laboratory technician. The above exercise shall be
completed within a period of two months from the date of
receipt of copy of this order.
5. Accordingly, the instant petition stands disposed
of.
(P. B. Bajanthri, J)
rakhi/-
AFR/NAFR
CAV DATE
Uploading Date 25.11.2021
Transmission Date
