Patna High Court
Dr. Triloki Sharma vs The State Of Bihar on 23 November, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.84 of 2021
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1. Dr. Triloki Sharma Son of Late Ramdayal Sharma Resident of Village- Sirsa
Balli, P.S.- Beldhi, District- Saran, at present posted as Ayush Medicial
Officer, A. P.H.C. Balua, Sadar Block, Chapra, District- Saran.
2. Dr. Mukesh Kumar Singh Son of Late Ram Kripal Singh Resident of
Village- Tarwa, P.S.- Naubatpur, District- Patna, at present posted as Ayush
Medical Officer, A. P.H.C. Dighi, Laxmipur, District- Jamui.
3. Dr. Md. Roohullah Son of Md. Umar Farooque Resident of Village- Nari,
P.S.- Ghanshyampur, District- Darbhanga, at present posted as Ayush
Medical Officer, A. P.H.C. Belunga, P.H.C. Bisfi, District- Madhubani.
4. Dr. Triloki Nath Pandit Son of Late Chandrika Prasad Resident of Village-
Ramdaspur, District- Saran, at present posted as Ayush Medical Officer, A.
P.H.C. Goraimpur, Dighwara, District- Saran.
5. Dr. Shila Nath Sinha Son of Kishun Deo Singh Resident of Village- Katsa,
District- Saran, at present posted as Ayush Medical Officer, A. P.H.C.
Rashidpur, Garkha, District- Saran.
6. Dr. Pashpati Nath Sharma Son of Dashrath Thakur Resident of Village-
Gudari Bazar, Salapat Ganj Chapra, P.S.- Bhagawan Bazar, District- Saran,
at present posted as Ayush Medical Officer, A P.C.H. Ektara, P.H.C.
Benipatti, District- Madhubani.
... ... Petitioner/s
Versus
1. The State of Bihar Through the Chief Secretary, Government of Bihar,
Patna.
2. The Principal Secretary General Administrative Department, Government
Bihar, Patna.
3. The Principal Secretary Health Department, Government of Bihar, Patna.
4. The Principal Secretary Ayush Department, Government of Bihar, Patna.
5. The Director Ayush Department, Government of Bihar, Vikash Bhawan,
Patna.
6. The Bihar Technical Service Commission Patna through its Secretary,
Harding Road, Patna.
7. The Chairman Bihar Technical Service Commission, Harding Road, Patna.
8. The Secretary Bihar Technical Service Commission, Harding Road, Patna.
9. The Controller of Examination Bihar Technical Service Commission,
Harding Road, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Anil Chandra, Advocate
Patna High Court CWJC No.84 of 2021 dt.23-11-2021
For the Respondent/s : Mr. Binod Kumar Yadav, SC-18
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 23-11-2021
Heard learned counsels for the parties.
2. In the instant petition, petitioners have prayed for
following reliefs:
"(I) For issuance of an appropriate
writ/ writs/ order/orders for directing the
respondent Bihar Technical Service Commission
to allow appropriate age relaxation to the
petitioners to enable them to apply against
advertisement number 04/2020 to 09/2020
published on 28.09.2020 by the respondent
Bihar Technical Service Commission in view of
letter number 212 dated 23.01.2006 issued by
the General Administration Department, Bihar
Patna by which it has been decided to grant age
relaxation to such candidates who have become
overage due to long delay committed by the
Government in advertising the posts.
(II) For issuance of an appropriate
writ/ writs/ order/orders for directing the
respondents to give age relaxation of 16 years
instead of 12 years against the provision
contained under Clause 3(v) of the
Advertisement No. 04/2020 to 09/2020 dated
28.09.2020 issued by the concerned authorities
under the Bihar Technical Service Commission,
Patna vide an erroneous interpretation of the
decision taken by the State Government as
contained under the Letter No. 212 dated
23.01.2006 issued by the concerned authorities
under the then Personal and Administrative
Reforms Department of the State Government.
As a result, age relaxation of only 12 years has
been granted in the matter of maximum age limit
in the process of selection for appointment
against the post of Ayush doctor in the service of
the State Government.
Patna High Court CWJC No.84 of 2021 dt.23-11-2021
(III) For issuance of an order,
direction or a writ of mandamus or any other
appropriate writ for directing the Respondent
Authorities to also consider the case of the
petitioners for grant of 16 years age relaxation in
view of the decision of the Government
contained in Memo No. 12534 dated 17.09.2018
by which the Government had accepted the
recommendation of the High Level Committee
which had decided to allow the age relaxation to
employees appointed on contract basis while
conducting a recruitment process for permanent
appointment to the same posts.
(IV) For issuance of an order,
direction or an appropriate writ for staying the
further process of recruitment to the post of
Homeopathic Medical Officer and Ayush
Physician (Homeopathic) pursuant to
advertisement number 04 / 2020 to 09/2020
respectively published on 28.09.2020.
(V) To pass any other appropriate
order/ orders as your lordships may deem fit and
proper for the end of justice."
3. Learned counsels for the respective parties, on
instruction, submitted that the present petition is squarely
covered by the decision rendered in C.W.J.C. No. 8690 of
2020 decided on 25.10.2021.
4. Accordingly, the present petition stands disposed
of in terms of the aforesaid order passed by the co-ordinate
Bench of this Court. At this juncture, Respondent-Bihar State
Technical Service Commission submitted that the order
passed in aforesaid C.W.J.C. No. 8690 of 2020 has been
complied by the State. The same shall be taken note of by the
Patna High Court CWJC No.84 of 2021 dt.23-11-2021
concerned respondent in extending the relief sought by the
petitioners read with the co-ordinate Bench decision within a
period of three months from today.
(P. B. Bajanthri, J)
rakhi/-
AFR/NAFR
CAV DATE
Uploading Date 30.11.2021
Transmission Date
