Patna High Court
Vishal Kumar vs The State Of Bihar on 22 October, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18035 of 2021
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1. Vishal Kumar, Son of Umesh Prasad Yadav, Resident of Village- Pithahi,
P.S.- Madhepura, Mathahi (O.P.), District- Madhepura.
2. Abhishek Kumar, Son of Kamlesh Kumar, Resident of Bhoot Nath Road,
T.V. Tower, Opposite of Bhoot Nath Mandir, Sampatchak, P.S.- Agamkuan,
District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna
2. The Chief Secretary, Government of Bihar, Patna
3. The Principal Secretary, Department of Health, Government of Bihar, Patna
4. The Joint Secretary, Department of Health, Government of Bihar, Patna
5. The Director-in- Chief, Health Services, Department of Health, Government
of Bihar, Patna.
6. The Bihar Combined Entrance Competitive Examination Board through its
Chairman, I.A.S. Association Building, Near Patna Airport, Patna, Bihar.
7. The Chairman, The Bihar Combined Entrance Competitive Examination
Board, I.A.S. Association Building, Near Patna Airport, Patna, Bihar.
8. The Bihar Technical Service Commission through its Secretary, 19, Harding
Road, Patna, Bihar.
9. The Secretary, The Bihar Technical Service Commission, 19, Harding Road,
Patna, Bihar.
10. The Deputy Secretary, The Bihar Technical Service Commission, 19,
Harding Road, Patna, Bihar.
11. The Special Secretary, The Bihar Technical Service Commission, 19,
Harding Road, Patna, Bihar.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Jagjit Roshan, Advocate
Mr. Om Prakash Singh, Advocate
Mr. Apul, Advocate
Mr. Rajeev Ranjan, Advocate
Mr. Amit Kumar, Advocate
For the Respondent/s : Mr. Pawan Kumar, AC to AG
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE RAJAN GUPTA
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
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Patna High Court CWJC No.18035 of 2021 dt.22-10-2021
(The proceedings of the Court are being conducted by
Hon'ble the Chief Justice/ Hon'ble Judges through
Video Conferencing from their residential
offices/residences. Also, the Advocates and the Staffs
joined the proceedings through Video Conferencing
from their residences/offices.)
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Date : 22-10-2021
Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s):
"1(I) Issuance of writ/writs,
direction/directions, order/orders for setting
aside Rule-26(i) of the Bihar Para Medical and
Para Dental Educational (Permission for
Establishment of Institutions) Rules, 2005 to the
extent that the Mathematics may be deleted from
the criteria of Minimum eligibility as it is
contradictory to the Rule-5(II) of the Bihar
Ophthalmic Assistants Joint Cadre (Recruitment
and service Conditions) Rules, 2011 and Rule-
5(1) of the Bihar Ophthalmic Assistant Cadre
(Recruitment and Service Conditions)
(Amendment) Rules, 2019 and further direct the
Respondents to amend the Bihar Para Medical
and Para Dental Educational (Permission for
Establishment of Institutions) Rules, 2005 to the
above extent, so that there must be uniformity
between both the Rules.
(II) Issuance of writ/writs,
direction/directions, order/orders for setting
aside the Clause-7.1 (Gh) from the Prospectus
issued for the D.C.E.C.E (PE/PPE/PMM/PM)
2021 issued by the Bihar Combined Entrance
Competitive Entrance Board, Bihar to the extent
Patna High Court CWJC No.18035 of 2021 dt.22-10-2021
that the Mathematics shall be deleted as it is
contrary to the Recruitment Rules of 2011 and
2019 and also against the Policy decision of the
State Government since 2011.
(III) Issuance of writ in the nature of
Mandamus directing the Respondents to decide
the Representation of the Petitioner and to
further take steps for amending the Bihar Para
Medical and Para Dental Educational
(Permission for Establishment of Institutions)
Rules, 2005 to extent that the Mathematics may
be deleted from the criteria of Minimum
eligibility, so that, uniformity with Recruitment
Rules, 2011 and 2019 may be achieved.
(IV) And further to stay the Examination
as well as further process of Admission in the
Diploma of Ophthalmic Assistant scheduled to
be held in the light of Prospectus issued for the
D.C.E.C.E. (PE/PPE/PMM/PM) 2021 issued by
the Bihar Combined Entrance Competitive
Entrance Board, Bihar till the final adjudication
of the case.
(V) Grant any other relief or reliefs to
which the petitioner may found entitled to in the
facts and circumstances of this case."
Learned counsel for the petitioner seeks permission
to withdraw the present petition reserving liberty to file a fresh
petition on the same and subsequent cause of action, if so
required and desired.
Patna High Court CWJC No.18035 of 2021 dt.22-10-2021
Permission granted with liberty as prayed for.
Liberty also reserved to the petitioner to make a
mention for listing of the petition on priority basis. As and when
any such mention is made, Registry shall take steps for listing
the petition at the earliest.
Instant petition stands dismissed as withdrawn in the
aforesaid terms.
Interlocutory Application(s), if any, stands disposed
of.
(Sanjay Karol, CJ)
(Rajan Gupta, J)
P.K.P./Amrendra
AFR/NAFR
CAV DATE
Uploading Date 26.10.2021
Transmission Date
