Patna High Court
Srikant Kumar vs The State Of Bihar on 9 January, 2024
Author: Rajiv Roy
Bench: Chief Justice, Rajiv Roy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9633 of 2023
======================================================
Srikant Kumar Son late Vishwanath Mishra, R/o Vill- Kharauna, P.O.-
Lalganj, P.S.- Lalganj, Dist- Vaishali, Pin code-844121.
... ... Petitioner/s
Versus
1. The State of Bihar through general administration and personnel department
new Secretariat, Patna.
2. Principal Secretary, Health Department, Patna.
3. Special Secretary to the Government Health Department, (Ayush), Bihar,
Patna.
4. Addtional Secretary to the Government of Bihar, New Secretariat, Bihar,
Patna.
5. Director Homeopathy Ayush Directorate Prabhari Prashakha 16 Health
Department, Bihar.
6. Principal of R.B.T.S. Govt. Homoeo Medical College and Hospital,
Muzaffarpur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Md. Shahnawaz Ali, Advocate
Mr. Padmanabh Kashyap, Advocate
For the Respondent/s : Mr. AAG-9
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE RAJIV ROY
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE RAJIV ROY)
Date : 09-01-2024
The petitioner has preferred the present
petition for the following relief:
(i) for declaring the advertisement no-
03/2023 dated 12.06.2023 Issued by
Patna High Court CWJC No.9633 of 2023 dt.09-01-2024
2/9
Special Secretary Health Department
Bihar, Patna as the same was advertised
contrary to the rule framed in Bihar
Ayush(Ayurvedic, Unani & Homeopathy)
Medical Teaching Service Rule 2017
notified by the seal and signature of
Additional Secretary to Government of
Bihar vide its notification no-152(Ayush
Chikitsah) dated 09.02.2017 and contrary
to the provision of Bihar
Ayush(Ayurvedic, Unani & Homeopathy)
Medical Teaching Service Rule 2017 and
also contrary to the Central Council to
the Homeopathy regulation, 2013 being
excess of power to the Constitution and
various other central enactment as
illegal, arbitrary, unconstitutional and
ultra-virus and ultra- virus to the
constitutional of India as enshrined in
Part-3 of the Constitution of India and
framed ignoring the Principal of Natural
Justice (annexure-1), be issued;
Patna High Court CWJC No.9633 of 2023 dt.09-01-2024
3/9
(ii) for declaring the advertisement no-
03/2023 dated 12.06.2023 issued by
Special Secretary Health Department,
Bihar, Patna as the same was advertised
contrary to the rule framed in 'Sankulp'
for appointment of contractual Niyojan,
Regular Teacher/Promotion against the
vacant post of Associate Professor and
professor in Bihar Ayush (Ayurvedic,
Unani & Homeopathy) Medical collages
for grant of recognition as per MSR in the
Ayush Homeopathic Collages of Health
Department Government of Bihar vide its
memo no-167 Ayush Chikitsa dated
15.02.2023
notified by the seal and
signature of Joint Secretary to
Government of Bihar that the condition
mentioned in the advertisement no-3/23 is
also contrary to the rules framed and
published by the Central Council of
Homeopathy Principle Regulation
Published in Gazette of India
Patna High Court CWJC No.9633 of 2023 dt.09-01-2024
extraordinary on dated 08.03.2013
wherein it is specifically stated in
schedule IV for minimum teaching staff
for degree course and schedule V for
minimum teaching staff in PG course
separately but in advertisement UG & PG
courses is not mentioned and not
advertised separately rather both UG &
PG post are mixed in advertisement, for
appointment of teachers in RBTS
Homeopathic College Muzaffarpur;
(iii) for quashing the advertisement no-
03/2023 dated 12.06.2023 that the
condition mentioned in the advertisement
no-3/23 is also contrary to the rules
framed and published and against the
letter memo no-132(Ayush 28.01.2019
Chikitsah) dated 28.01.2019 issued by
deputy secretary of the government Bihar
wherein it is specifically stated in PG
course department in five subjects 2 post
for professor, 5 post for
Patna High Court CWJC No.9633 of 2023 dt.09-01-2024
Pravachak/Reader and 5 post for
lecturers is available and no reservation
is applicable against single post of the
department while single post is also
reserved in advertisement but in
advertisement UG & PG courses post are
mixed in advertisement, for appointment
of teachers of Homeopathy and single
post is also reserved. That total number of
post is 21 out of which 7 posts are vacant
for reader and 14 post is vacant is
advertised for professor but in the
advertisement only 13 post is mentioned
for UG & PG courses which is contrary
to the sankulp and is unsustainable;
(iv) for quashing the advertisement no-
03/2023 dated 12.06.2023 that the
condition mentioned in the advertisement
no-3/23 for working experience for all
illegible applicants is given 1 marks per
year for maximum period of 10 years
will be 10 marks but as per Niyama Wall
Patna High Court CWJC No.9633 of 2023 dt.09-01-2024
2017 only government employee shall be
given 2 marks per year for maximum
period of 5 years will be of 10 marks is
also contrary to the rules framed and
published in Bihar Ayush (Ayurvedic,
Unani & Homeopathy) Medical
Teaching Service Rule 2017. That in Adv
no-2/23 as per Niyama Wali 2017 only
government employee shall be given 2
marks per year for maximum period of 5
years will be of 10 marks was properly
followed So it is irrational,
discriminatory and without Jurisdiction
therefore the advertisement cannot
sustain in the eye of law and is liable to
be quashed by this Hon'ble court;
(v) For quashing the advertisement no-
03/2023 dated 12.06.2023 that the
condition mentioned in the advertisement
no-3/23 for publication of 1 paper 1
marks shall be counted as experience for
all the applicants while earlier for 1
Patna High Court CWJC No.9633 of 2023 dt.09-01-2024
publication 2 marks was counted and
given and 2 research paper publication is
required which was desirable not
compulsory in the appointment of the
Teachers but it is made compulsory for
appointment now for the applicant is
without jurisdiction.
2. The petitioner claims himself to be a
Homeopathy Doctor with specialization in Psychiatry and
Paediatrics. According to him, the Central Council of
Homeopaths, New Delhi (Henceforth 'the CCH') which is the
supreme body relating to Homeopaths in the year 2013,
framed rules and regulations published in the Gazette of India
in which the criteria has been laid down relating to the posts
a College must have for the students.
3. The Health Department also framed rules in
the year 2017 prescribing several guidelines for appointment
of Teachers in the Government Homeopathy College in the
State.
4. The case of the petitioner is that the State
Government (Health Department) came out with an
Patna High Court CWJC No.9633 of 2023 dt.09-01-2024
advertisement no. 02 (Ayurveda), 2023 for filling up the
post of Associate Professors and Professors in the
Government Ayurvedic College and Hospital on contractual
basis.
5. The petitioner claims that the said
advertisement no. 03/2023 is in the teeth of the rules and
regulations framed by 'the CCH' in the year 2013 and the
State Government in the year 2017 as in the said
advertisement, the post of Psychiatry and Paediatrics is/are
missing. He thus submits that the same need interference.
6. Having gone through the writ petition, we
do not find any statement/document relating to the
qualification of the petitioner. This Court thus put specific
question to the learned counsel for the petitioner on the said
claim made that he is having certificate of Homeopathy in
Psychiatry and Paediatrics. Learned counsel save and except
pointing out to an averment that he is registered as a
Homeopathic practitioner could not show anything to
support the claim.
7. A case has to stand on its own merit before
it questions the decision taken by the respondent authorities.
In absence of that, no relief can be extended to the petitioner.
Patna High Court CWJC No.9633 of 2023 dt.09-01-2024
8. In any event, we see the challenges to the
advertisement to be unsustainable for the ground alleged of
vacancies under two subjects not having been published. The
petitioner neither has established locus standi nor raised a
valid ground of challenge.
9. The writ petition is misconceived, ill
advised and is accordingly dismissed. No cost.
(K. Vinod Chandran, CJ)
( Rajiv Roy, J)
Ravi/-
AFR/NAFR
CAV DATE
Uploading Date 15.01.2024
Transmission Date
