Dr. Spriha Smriti And Anr vs The State Of Bihar And Ors
2023 Latest Caselaw 5042 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.3433 of 2018
     ======================================================

1. Dr. Spriha Smriti, Wife of Dr. Shakti Kishore, at present Tutor, Microbiology, PMCH, Patna, Resident of Malahi Pakri, Near Ishan International School, West Kankarbag, P.S.- Kankarbag, District- Patna.

2. Dr. Shakti Kishore, Son of Kaushal Kishore Singh, presently Sr. Resident, Orthopaedics, PMCH, Patna at present residing at Malahi Pakri, Near Ishan International School, West, Kankarbag, P.S.- Karkarbag, District- Patna.

... ... Petitioner/s Versus

1. The State Of Bihar through Principal Secretary, Department of Health & Medical education, Government of Bihar, Patna.

2. The Principal Secretary, Department of Health and Medical Education, Government of Bihar, Patna.

3. Bihar Public Service Commission through its Secretary, 15, Jawaharlal Nehru Marg Bailey Road, Patna.

4. The Chairman, Bihar Public Service Commission, 15, Jawaharlal Nehru Marg Bailey Road, Patna.

5. The Secretary, Bihar Public Service Commission, 15, Jawaharlal Nehru Marg Bailey Road, Patna.

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

For the Petitioner/s : Mr. Vikas Kumar, Advocate Ms. Anjali Kumari, Advocate For the State : Mr. Anil Kumar Verma, (AC to AAG-9) For the BPSC : Mr. Sanjay Pandey, Advocate Mr. Nishant Kumar Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN

ORAL JUDGMENT Date : 04-10-2023

Heard learned counsel for the petitioners, learned

counsel for the State and learned counsel for the BPSC.

2. Learned counsel for the petitioners submits that

the present writ petition has been filed for quashing of the

advertisement dated 24.04.2017 issued by Bihar Public Service Patna High Court CWJC No.3433 of 2018 dt.04-10-2023

Commission for appointment of Assistant Professor in different

medical colleges and hospitals in the State of Bihar in which

several criteria has been laid down which is contrary to the

Bihar Medical Education Service Cadre, Recruitment,

Appointment and Promotion Rule, 2008 as amended up to 2013.

The further prayer in the writ petition has been made for setting

aside clause 5 (cha) from the advertisement which is contrary to

the aforesaid rule namely Bihar Medical Education Service

Cadre, Recruitment, Appointment and Promotion Rule, 2008 as

amended up to 2013.

3. Learned counsel for the petitioners further

submits that the State of Bihar has continuing ad hocism and the

said ad hocism is basically fatal against the medical college and

hospital running within the jurisdiction of Bihar. Learned

counsel also submits that the State has permitting the ad hocism

relating to appointment of Assistant Professor on the teaching

post in medical college against the undertaking given by the

State Government before the Hon'ble Division Bench also.

4. Learned counsel for the petitioners fairly submits

that prior to filing the present writ petition, the petitioners have

moved before this Hon'ble Court in CWJC No. 7435 of 2017

which was decided on 17.07.2017 and again in Letter Patents Patna High Court CWJC No.3433 of 2018 dt.04-10-2023

Appeal No. 1105 of 2017 which was decided on 16.01.2018 in

which the prayer of petitioners for quashing clause 3 of the

advertisement dated 24.04.2017 was rejected.

5. Learned counsel for the State submits that the

question of applicability of 5 (cha) of the advertisement shall

arise only for those candidates whose matter covers under

clause 3. Learned counsel for the State further submits that here

in the present case, the claim of the petitioners challenging

clause 3 of the advertisement has already been rejected and in

this view of the matter, the prayer for challenging clause 5 (cha)

of the advertisement may not arise.

6. In this view of the matter, learned counsel for the

petitioners seeks permission to withdraw the present writ

petition granting liberty to him to raise the question of stopping

the ad hocism which is going on in the medical colleges at the

instance of the State which is fatal for the health of the medical

colleges and hospital running in the territory of Bihar.

7. In the light of the submissions made, the present

writ petition is dismissed as withdrawn with the liberty to the

petitioners that in case the fresh advertisement comes in future,

then the petitioners shall raise their grievances for any wrongs

relating to the faculties.

Patna High Court CWJC No.3433 of 2018 dt.04-10-2023

8. Accordingly, the present petition stands

dismissed as withdrawn with the liberty aforesaid.

(Dr. Anshuman, J.) Divyansh/-

AFR/NAFR
CAV DATE
Uploading Date          06.10.2023
Transmission Date