Mirtunjay Kumar Singh vs The State Of Bihar
2022 Latest Caselaw 657 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.2303 of 2021
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Mirtunjay Kumar Singh, aged about 35 years (Male), son of Shyam Sunder Singh Resident of village- Ruppur, P.S.- Bhabua, District- Kaimur

... ... Petitioner/s Versus

1. The State of Bihar

2. The Chief Secretary Government of Bihar Old Secretariat, Patna

3. The Principal Secretary Health Department Old Secretariat Patna

4. Director of Health Department Deputy Secretary Bihar Technical Service Commission Patna

5. Deputy Secretary Bihar Technical Service Commission, 19 Harding Road, Patna

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Radha Mohan Pandey For the Respondent/s : Mr. Ajay Behari Sinha, GA 8 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 27-01-2022

The matter is heard via video conferencing due to

circumstances prevailing on account of the COVID-19 pandemic.

2. Petitioner's counsel is hereby directed to serve hard

copy of the petition to the learned counsel for the Bihar Technical

Service Commission. Other respondents are only a formal parties.

3. In the instant petition, petitioner has prayed for the

following relief/reliefs:

"That this is an application for issuance of an appropriate Writ order or direction to the respondents for inviting the Writ Petitioner for counselling on the post of General Nursing and Midwifery (GNM) Under Advertisement No. 02 of 2019 in which date of counselling for the Petitioner was fixed on 04.02.2020 but the Writ Petitioner failed to Patna High Court CWJC No.2303 of 2021 dt.27-01-2022

participate on the date fixed due to sudden death of his wife Poonam Kumari who died on 04.02.2020 and in spite of several representations the respondents not provided any chance to the Petitioner to appear on any other date for the counselling though counselling continued upto 17.03.2020."

4. Petitioner was a candidate for recruitment to the post

of General Nursing Midwifery (GNM) pursuant to the

advertisement No. 02 of 2019. He was invited for counselling and

date was fixed as 04.02.2020. Unfortunately, the petitioner could

not appear on 04.02.2020 the date on which his wife Poonam

Kumari died. In the light of these facts and circumstances,

petitioner submitted several representations. However, the 5 th

Respondent has not taken note of the petitioner's representations

and redress the grievance of the petitioner even though counselling

was continued for more than one month and up to 17.03.2020. In

the light of these facts, 5th Respondent is hereby directed to arrange

for counselling of the petitioner within a period of one month from

the date of receipt of this order. If the petitioner is otherwise

eligible, her name shall be considered for selection and

appointment to one of the Staff Nurse Grade A. If the process of

selection and appointment is completed as on 01.12.2020, the date

on which the present petition is presented. If the selection and

appointment process is still in vogue, in that event, petitioner's

name shall be considered while inviting him to the counselling.

Patna High Court CWJC No.2303 of 2021 dt.27-01-2022

The above exercise shall be completed within a period of one

month from the date of receipt of this order.

5. Accordingly, writ petition stands disposed off.

(P. B. Bajanthri, J) GAURAV S./-

AFR/NAFR
CAV DATE
Uploading Date          31.01.2022
Transmission Date