Gopal Prasad Sinha vs The State Of Bihar And Ors
2024 Latest Caselaw 543 Patna

Patna High Court

Gopal Prasad Sinha vs The State Of Bihar And Ors on 22 January, 2024

Author: Anshuman

Bench: Anshuman

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                       Civil Writ Jurisdiction Case No.782 of 2018

     ======================================================
     Gopal Prasad Sinha, Son of Sri Nawal Kishore Prasad, Resident of Mogalpura
     Laltoli, Police Station-Khanjekala, District-Patna.

                                                                      ... ... Petitioner/s
                                         Versus

1.   The State Of Bihar
2.   The Commissioner - Cum- Secretary, Health and Family Welfare

     Department, New Secretariat, Bihar, Patna
3.   The deputy Director, Health Services T.B., Bihar,Patna.
4.   The District T.B. Officer, District T.B. centre, Siwan, Bihar.
5.   The In-charge Medical Officer, Additional T.B. Centre, Siwan, Bihar

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s    :      Mr. Alok Kumar Sinha, Sr. Advocate

                                    Mr. Rajiv Ranjan, Advocate

                                    Mr.Ajoy Kumar Chakraborty

     For the State           :      Mr.Birju Prasad-GP13

                                    Mr. Ajit Anand, AC to GP-13

     ======================================================
     CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN

                                  ORAL JUDGMENT

      Date : 22-01-2024
                Heard learned counsel for the petitioner and learned

      counsel for the State.

                     2. Learned counsel for the petitioner submits that the

      name of the petitioner was recommended for appointment by

      the Bihar Public Service Commission in the light of the
 Patna High Court CWJC No.782 of 2018 dt.22-01-2024
                                           2/3




         judgment rendered in the case of Ashwani Kumar & Ors. vs.

         the State of Bihar and Ors. reported in 1997 (2) SCC 1.

         Learned counsel for the petitioner further submits that his name

         was recommended by the Bihar Public Service Commission at

         Sl. No. 16, but final selection has not been made whereas other

         persons who are below in the rank from the petitioner have been

         selected but the information has not been provided to the

         petitioner as to why he has not been finally selected.

                     3. Learned counsel for the State has filed a counter

         affidavit and submits that this Hon'ble Court vide order dated

         15.01.2018

, on the submission of the petitioner to the effect that

similar cases as that of the present one, are pending before the

Hon'ble Apex Court for hearing in Special Leave to Appeal (c)

No. 28306 of 2014 and analogous cases, pleased to direct that

the case shall be listed after disposal of the said SLP.

4. Learned counsel for the petitioner submits that the

said SLP has been disposed of on 17.10.2019.

5. In this background, this writ petition stands

disposed off directing the petitioner to file a representation

before the Director-in-Chief, Health Services, Government of

Bihar, Patna who shall pass a reasoned and speaking order as to

why the selection of the petitioner could not be made even after Patna High Court CWJC No.782 of 2018 dt.22-01-2024

recommendation by the Bihar Public Service Commission. He

shall decide the said representation of the petitioner within 90

days from the date of production of a copy of this order.

Ashwini/-                                         (Dr. Anshuman, J)
AFR/NAFR
CAV DATE                NA
Uploading Date          23/01/2024
Transmission Date       NA