Patna High Court
Vinod Kumar Rai vs The State Of Bihar on 13 May, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1503 of 2021
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Vinod Kumar Rai Son of Shri Surendra Rai, resident of Village - Chotaka
Manjha, P.S. Mairwa, District - Siwan. At present posted and working as
Ayush Medical Officer, Rashtriya Bal Swasthaya Karyakaram at Primary
Health Centre/Referral Hospital, Mairwa, Siwan.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. The Additional Chief Secretary-cum-the Principal Secretary, Health and
Family Department, Govt. of Bihar, Patna.
3. The Principal Secretary, General Administration Department, Bihar, Patna.
4. The Director in Chief, Health Department, Govt. of Bihar, Patna.
5. The Secretary, Bihar Technical Service Commission, 19 Harding Road,
Bihar, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Umesh Kumar Mishra, Advocate
For the Respondent/s : Mr. Rajeshwar Singh, GA 10
For the Commission : Mr. Nikesh Kumar, Advocate
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 13-05-2022
Heard learned counsel for the respective parties through
virtual court proceedings.
2. In the instant petition, petitioner has prayed for the
following relief/reliefs:
"i) For issuance of an appropriate writ in
the nature of certiorari for quashing the clause 3(V) of
the advertisement No. 4/2020 to 09/2020 dated
28.09.2020 issued for appointment of regular Ayush
Medical Officer (Ayurvedic), (Unani) and
(Homeopathy) by Bihar Technical Service
Commission, whereby and whereunder, only 12 years
Patna High Court CWJC No.1503 of 2021 dt.13-05-2022
of relaxation has been given to the candidates, who
have been working on contractual basis - without due
regard to the fact that regular appointment is being
made after gap of more than 20 years and in the
meanwhile large number of candidates including the
petitioner have crossed the maximum age limit
prescribed for the post.
ii) For issuance of in the nature of
mandamus commanding and directed the respondent
authorities concerned to give at least 16 years of age
relaxation to the petitioner, who has been working on
contract as AYUSH Doctor (Rashtriya Bal Swasthaya
Karyakaram) - as it has been done in the case of
appointment of Specialist Medical Officers & General
Medical Officers vide Advertisement No. 03/2019 to
16/2019 dated 28.08.2019 issued by the Bihar
Technical Service Commission of Dentist Doctors vide
Advertisement No. 05/2015 issued by the Bihar Public
Service Commission or Allopathic Doctors as General
Medicine Officers vide Advertisement No. 15/2014
issued by the Bihar Public Service Commission and
Veterinary Doctors vide Advertisement No. 04/2015
issued by the Bihar Public Service Commission.
iii) For issuance of an appropriate writ in
the nature of mandamus for commanding and directing
the respondent authorities concerned to accept the
form of the petitioner for the post of Ayurvedic
Medical Officer under Advertisement No. 04/2020 to
9/2020 issued by the Secretary, Bihar Technical
Service Commission, Bihar Patna by providing at least
the age relaxation of one day, as the petitioner's date of
birth is 01.08.1971 and the cutoff date for calculation
of age relaxation has been fixed as 01.08.2020 and the
petitioner is in General category and
after availing the age relaxation of 12 years for
Patna High Court CWJC No.1503 of 2021 dt.13-05-2022
contract employee as provided in column 3(V) of the
advertisement no. 04/2020 to 9/2020, the petitioner's
age is 49 years and 01 day, whereas, as per the
advertisement, the maximum age limit for submission
of application has been fixed as 49 years and due to
which, the online application submitted by the
petitioner has been rejected with the remark "You are
not eligible for this post due age validation [attained
age should be more than or equal to 21 and upto the
maximum age 49], including age relaxation benefits (if
applicable), You are overage for this post."
iv) For issuance of an appropriate writ in
the nature of mandamus for commanding and directing
the respondent authorities concerned to consider the
case of the petitioner sympathetically by allowing the
age relaxation of only 01 day so that the petitioner
might be under Advertisement No. 04/2020, as the
petitioner is working as Ayush Medical Officer,
Primary Health Center/ Referral Hospital, Mairwa,
Siwan since 22.06.2015 on contract basis and after
publication of advertisement, he was under hope and
impression that he will be selected against the
permanent post of Ayurvedic Medical Officer but due
to 01 day overage, his application has been rejected as
per the knowledge and information to the petitioner
online.
v) For issuance of an appropriate writ in
the nature of mandamus commanding and directing the
respondent authorities concerned to allow the
petitioner to participate in the ongoing selection
process initiated vide Advertisement No. 04/2020 to
09/2020 dated 28.09.2020 issued for appointment of
Regular Ayush Medical Officer (Ayurvedic), (Unani)
and (Homeopathy) by Bihar Technical Service
Commission.
Patna High Court CWJC No.1503 of 2021 dt.13-05-2022
vi) For issuance of any other appropriate
writ/writs, order/orders, direction/directions for which
the writ petitioner will be found entitled in the facts
and circumstances of the case."
3. Learned counsel for the respondent - Commission
fairly submitted that the present matter is identical to that of
C.W.J.C. No. 8888 of 2020 decided on 09.03.2021. It is further
submitted that the present petition may be disposed off in terms of
the aforesaid order.
4. Accordingly, present petition stands disposed off in
terms of order passed in C.W.J.C No. 8888 of 2020. Whatever
direction given in the aforesaid order is applicable to the
petitioners.
(P. B. Bajanthri, J)
GAURAV S./-
AFR/NAFR
CAV DATE
Uploading Date 17.05.2022
Transmission Date
