Patna High Court
Dr. Arvind Kumar Sinha vs The State Of Bihar Through The ... on 3 January, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.52 of 2021
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Dr. Arvind Kumar Sinha, Son of Late Ramjee Prasad, Resident of Village-
Mirjapur, Nohta, Fahuha, P.S.-Fatuha, District-Patna, State-Bihar. At present
Chairman Bihar State Ayurvedic and Unani Medicine Faculty, Bihar, Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through The Principal Secretary, Department of Health,
New Secretariat, Bihar, Patna.
2. The Chairman Bihar Technical Service Commission, (BTSC), Patna.
3. The Secretary Bihar Technical Service Commission, (BTSC), Patna.
4. The Examination Controller, Bihar Technical Service Commission (BTSC),
19, Harding Road, Patna, Bihar.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.
For the Respondent/s : Mr.Lalit Kishore ( Ag )
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 03-01-2022
None appears for the petitioner.
2. In the instant petition, petitioner has prayed for
following reliefs:
"(A) To issue the Writ of
Mandamus Commanding the Respondents
to Discharge there Legal Obligation to
Disposed the Application given By
Petitioner on their behalf on dated
24/08/2020 and 06/10/2020 (Annexure-5)
Hon'ble Apex Court Passed Reputable
Judgment in Civil Appeal No. 4643 of
2003, Civil Appeal No. 4644-45 of 2003,
and Civil Appeal No. 4646 of 2003
decided on November 1, 2003, (2007) 12
SCC 728 BIHAR STATE COUNCIL OF
AYURVEDIC AND UNANI MEDICINE
VS THE STATE OF BIHAR AND
OTHERS the Under Bihar Ayurvedic and
Patna High Court CWJC No.52 of 2021 dt.03-01-2022
Unani Medicine Act, 1951, in which
Hon'ble Apex Court Hold that The
GAMS degree Conferred on and shall be
treated as recognised degree for the
purposes of taking admission to higher
courses of study and also for the purposes
of employment.
(B) To issue the writ of
mandamus, and directing to respondents
authority to compliance with own
resolution issued by Mr. Deepak Kumar,
secretary government of Bihar vide memo
no. 16/M/-1-67/2006-260 (Unani) Patna,
dated 22/03/2007.
(C) To stay the entire selection
Process being Advertisement No. 04/2020
to 09/2020 issue Notification by Signature
of Respondent No. 3 The Secretary Bihar
Technical Service Commission, (BTSC),
Patna with ignorance to guide line of
Hon'ble Apex Court and Hon'ble high
Court, Patna as well as circular of central
Govt./State Govt. about Relaxation of age
and Degree.
(D) To issue the writ of
mandamus commanding the Respondents
to discharge there legal obligation to
conducted the Proper Enquiry in the
matter and given the opportunity to the
Petitioner accordance with law and
Provision of Laws.
(E) To Proper legal action
against the such responsible Respondents
which are involved in Such illegal,
Manner to harass the Petitioners with so
many corners.
(F) To any other Relief/s,
order/s, Direction/s to Petitioners may be
found Entitled to."
3. In the aforesaid relief petitioner is stated to have
submitted representation on 24.08.2020 and 06.10.2020.
Patna High Court CWJC No.52 of 2021 dt.03-01-2022
4. In the light of these facts and circumstances, the
concerned respondent is hereby directed to consider the
petitioner's representation and pass speaking order within a
period of six weeks from the date of receipt of this order and
communicate the decision to the petitioner.
5. With the above observations, the instant petition
stands disposed of.
(P. B. Bajanthri, J)
rakhi/-
AFR/NAFR
CAV DATE
Uploading Date
Transmission Date
