Patna High Court
Dr. Mainul Haque vs The State Of Bihar on 17 January, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.634 of 2021
======================================================
Dr. Mainul Haque Son of Mohammad Haque Residence of Village- Sarawe,
P.S.- Siwan Muffasil, District- Siwan, State- Bihar. At present posted as Ayush
Doctor (Ayurved), R.B.S.K. Govt. Primary Health Centre, Amdabad, Katihar,
Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Health,
New Secretariat, Bihar, Patna.
2. The Registrar, Bihar State Ayurvedic and Unani Medicine Council, Patna.
3. The Chairman, Bihar Technical Service Commission, (BTSC), Patna.
4. The Secretary, Bihar Technical Service Commission, (BTSC), Patna.
5. The Examination Controller, Bihar Technical Service Commission, (BTSC),
19, Harding Road, Patna, Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Kant Kumar
For the Respondent/s : Mr. Pankaj Kumar, SC 12
======================================================
CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 17-01-2022
The matter is heard via video conferencing due to
circumstances prevailing on account of the COVID-19 pandemic.
2. Learned counsel for the petitioner is hereby directed
to furnish copy of the writ petition to the learned counsel for the
State-Commission.
3. In the instant petition, petitioner has prayed for the
following relief/reliefs:
"(A) To issue the Writ of Mandamus Commanding
the Respondents to Discharge there Legal Obligation to,
considered, the candidature of the Petitioner, who has GAMS
Degree Student and Registered as Ayush Surgeon bearing
Patna High Court CWJC No.634 of 2021 dt.17-01-2022
Registration No. 6956 and Ayush Doctor Bearing Registration
No. 1,30,551 on dated 13/11/1997 from the Bihar State
Ayurvedic and Unani Council, Patna, under Bihar Ayurvedic
and Unani Medicine Act, 1951. (Annexure - 1 Series), And on
the Contract basis vide Recruitment Application, state Health
Society, bihar. Posted as Ayush Doctor (Ayurved), R.B.S.K.
Govt. Primary Health Centre, Amdabad, Katihar, Bihar since
05/06/2015. (Annexure - 4 Series), but his Candidature be not
considered by Respondents Authority in Advertisement No.
04/2020 to 09/2020 issue Notification by Signature of
Respondent No. 4, The Secretary Bihar Technical Service
Commission, (BTSC), Patna with ignorance to guide line of
Hon'ble Apex Court Passed Reputable Judgement in Civil
Appeal NO.4643 of 2003, Civil Appeal 4643 of 2003, Civil
Appeal No. 4644-45 of 2003, and Civil Appeal No. 4646 of
2003 decided on November 1, 2003, (2007) 12SCC 728
(Annexure - 2), as well as circular of central Govt. / State
Govt. about Relaxation of age and Degree. (Annexure - 3
Series).
(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. 4, The Secretary Bihar Technical
Service Commission, (BTSC), Patna, (Annexure - 5), with
ignorance to guide line of Hon'ble Apex Court 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 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."
4. In the absence of establishing legal/statutory right
followed by demand before the competent authority, petitioner is
Patna High Court CWJC No.634 of 2021 dt.17-01-2022
not entitled to writ of Mandamus in the light of Apex Court
decision in the case of Mani Subrat Jain V. State of Haryana
reported in (1977) 1 SCC 486.
5. Accordingly, writ petition stands disposed off as not
maintainable.
6. The present order would not come in the way of
submitting a detailed representation to the competent authority
within a period of eight weeks from the date of receipt of this
order. The competent authority is hereby directed to examine the
grievance of the petitioner at the earliest.
(P. B. Bajanthri, J)
GAURAV S./-
AFR/NAFR
CAV DATE
Uploading Date 24.01.2022
Transmission Date
