Patna High Court
Satyendra Kumar Singh vs The State Of Bihar on 13 May, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1427 of 2021
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1. Satyendra Kumar Singh S/o Late Sudeshwar Singh, resident of Village -
Karkat Bigha P.O. Ranipur Paliganj, P.S. Paliganj, District - Patna.
2. Om Prakash, S/O Sri Jay Ram Sharma, resident of Village - Dulhin Bazar,
P.S. Dulhin Bazar, District - Patna.
3. Pramod Sharma, S/o Sri Krishna Sharma, resident of Village - Sherpur, P.S.
Maner, District - Patna.
4. Subhash Chandra Tiwary, Son of Sri Ramesh Chandra Tiwary, resident of
Village - Gangahara, P.S. Shahpur, District - Patna.
5. Nirmal Kumar Pandey, S/o Ram Pujan Pandey, residnet of Village -
Shivshagar, P.S. Shivshagar, District - Rohtas.
6. Vikrma Ditya Pathak, S/O Haribansh Pathak, resident of Village - G.T. Road
Karmnasha, P.S. Durgawati, District - Kaimur.
7. Shashi Kant Mishra, S/o Late Kamta Nath Mishra, resident of Village - Pitra,
P.S. Piro, District - Bhojpur.
8. Sri Bhagwan Mishra, S/o Late Banshidhar Mishra R/o Village - Durgadih,
P.S. Bikramganj, District - Rohtas.
9. Dinesh Kumar Tiwary, S/o Vijendra Nath Tiwary, R/o Mohalla - Sarvodeya
Printing Press Rajendra Path Kadamkuan, P.S. Kadamkuan, Town and
District Patna .
10. Archana Kumari, D/o Kamleshwar Pathak, resident of Village Bihta
Shivshankar Nagar, P.S. Bihta, District - Patna.
11. Anil Kumar Singh, S/o Agnideo Singh, resident of Village - Sirsa Rai, P.S.
Amnour, District - Saran.
12. Keshav Prasad Singh, S/o Kishori Saran Singh, resident of Village-
Bhaluahi, P.S. Nayagawn, District - Sheohar.
13. Niraj Kumar, Son of Dr. B.K. Chaubey, resident of Village - Sirisiya Adapur,
P.S. Adapur, District East Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. The Principal Secretary, General Administration Department Government of
Bihar, Patna.
3. The Principal Secretary, Health Department Government of Bihar, Patna.
4. The Bihar Technical Service Commission Patna through its Chairman.
5. The Secretary, Bihar Technical Service Commission, Patna.
6. The Deputy Secretary, Bihar Technical Service Commission, Patna.
... ... Respondent/s
Patna High Court CWJC No.1427 of 2021 dt.13-05-2022
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Appearance :
For the Petitioner/s : Mr. Ajay Kumar Sharma, Advocate
For the Respondent/s : Mr. Birju Prasad, GP 13
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, petitioners have prayed for the
following relief/reliefs:
"(i) Issuance of a direction, order or writ,
including writ in the nature of mandamus commanding
the concern respondent authorities under the Health
Department of the State Government as well as Bihar
Technical Service Commission, Patna (hereinafter
referred to as "The Commission") to take steps
towards extending the benefits of relaxation in the
upper age limit prescribed for consideration of cases of
candidates for appointment against the posts of Ayush
Medical Officer pursuant to advertisement nos. 4/2020
Ayurvedic Medical Officer, advertisement No. 5 Ayush
Homeopathic Medical Officer, advertisement No. 7
Ayush Physician Homeopathic, advertisement No. 8
Unani Medical Officer and advertisement No. 9 Ayush
Physician Unani issued the Commission in accordance
Patna High Court CWJC No.1427 of 2021 dt.13-05-2022
with the decision of the State Government as contained
under letter dated 23.01.2006 bearing letter No. 212
issued by the concerned authorities under the
Personnel and Administrative Reforms Department of
the Sate Government.
(ii) Issuance of a direction, order or writ,
including writ in the nature of mandamus commanding
the concerned respondent authorities under the
Commission to refrain from action in furtherance of
advertisement nos. 4 to 9 till the time appropriate
provisions are made under the said advertisements for
extending the benefits of relaxation in the matter of
maximum age prescribed for appointment against
aforesaid post of the Health Department of the State
Government in compliance of the decision of the
Government as contained under the aforesaid letter
dated 23.01.2006 bearing letter No. 212 issued by the
concerned authorities under the erstwhile Personal and
Administrative Reforms Department of the State
Government (now renamed as "The General
Administration Department").
(iii) Issuance of a declaration holding that
the petitioners and other similarly situated persons who
despite having crosses the maximum age limit
prescribed under the aforesaid advertisement are
entitled for being extended the benefits of relaxation in
Patna High Court CWJC No.1427 of 2021 dt.13-05-2022
view of the fact that the last advertisement for
consideration cases of candidates for appointment
against the posts of Ayush Medical Officer was
published in year 1996 and ever since then no steps
have been taken by the concerned authorities towards
making appointment against the said posts.
(iv) Issuance of an ad-interim direction
upon the concerned authorities under the Commission
to refrain from acting in furtherance of the
advertisement nos. 4 to 9 and or in the alternative
allow the present petitioners to provisionally submit
their advertisement forms pursuant to the said
advertisement for consideration of their cases for
appointment against the aforesaid posts of subject to
the outcome of the present writ application.
(v) Any other relief/reliefs that the
petitioners may be found to be entitled to in the facts
and circumstances of the present case."
3. Learned counsel for the respondent - Commission
fairly submitted that the present matter is identical to that of
C.W.J.C. No. 8997 of 2020 decided on 13.04.2022. It is further
submitted that the present petition may be disposed off in terms of
the aforesaid order.
Patna High Court CWJC No.1427 of 2021 dt.13-05-2022
4. Accordingly, present petition stands disposed off in
terms of order passed in C.W.J.C No. 8997 of 2020. Whatever
direction given in the aforesaid order is applicable to the
petitioners in the present case.
(P. B. Bajanthri, J)
GAURAV S./-
AFR/NAFR
CAV DATE
Uploading Date 16.05.2022
Transmission Date
