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Patna High Court
Yogesh Ojha And Anr vs The State Of Bihar And Ors on 2 December, 2025
Author: Partha Sarthy
Bench: Partha Sarthy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17288 of 2012
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1. Yogesh Ojha Son of Late Chhatheshwar Ojha Resident of Village- Semaria
Ojha Patti, P.S.- Shahpur, District- Bhojpur, presently residing at Mohalla-
Halim Katra, Near B.D. College, Mithapur, P.S.- Gardanibagh, Town and
District- Patna
2. Bimal Kumar Jha Son of Late Shiv Kant Jha Resident of Village and P.O.-
Shrikhandi Bhitha, Via- Sursand, District- Sitamarhi, Bihar, presently
residing at near Neelam Homoeo Clinic, Mithapur 'B' Area, Bengali Road
P.S.- Jakkanpur, Town and District- Patna
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Principal Secretary, Health Department, Bihar, Patna
3. The Special Secretary, Health Department, Bihar, Patna
4. The Joint Secretary, Health Department, Bihar, Patna
5. The Additional Secretary, Health Department, Bihar, Patna
6. The Deputy Secretary, Health Department, Bihar, Patna
7. The Under Secretary, Health Department, Bihar, Patna
8. The Director-In-Chief, Health Services, Health Department, Bihar, Patna
9. The Director, Deshi Chikitsha-Cum-Nodal Officer (Ayush), Health
Department, Bihar, Patna
10. Dy. Director (Homoeo), Health Department, Bihar, Patna
11. Bihar Combined Entrance Competitive Examination Board, I.A.S.
Association Building Near Patna Airport P.O. Veterinary College, Patna
12. The Officer On Special Duty, Ayush Cell, Bihar Combined Entrance
Competitive Examination Board, I.A.S. Association Building near Patna
Airport, P.O. Veterinary College, Patna
13. The State Health Society, Parivar Kalyan Bhawan, Sheikhpura, Patna
through the Executive Director
14. The Executive Director, State Health Society, Parivar Kalyan Bhawan,
Sheikhpura, Patna
15. The Administrative Officer, State Health Society, Parivar Kalyan Bhawan,
Sheikhpura, Patna
16. The State Programme Officer, Ayush Cell, State Health Society, Parivar
Kalyan Bhawan, Sheikhpura, Patna
17. The District Magistrate-Cum-Chairman, District Health Society, Aurangabad
18. The Civil Surgeon-Cum-Secretary, District Health Society, Aurangabad
19. The District Magistrate-Cum-Chairman, District Health Society, Katihar
20. The Civil Surgeon-Cum-Secretary, District Health Society, Katihar
21. The District Magistrate-Cum-Chairman, District Health Society, Vaishali at
Patna High Court CWJC No.17288 of 2012 dt.02-12-2025
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Hajipur
22. The Civil Surgeon-Cum-Secretary, District Health Society, Vaishali at
Hajipur
23. The District Magistrate-Cum-Chairman, District Health Society, Madhepura
24. The Civil Surgeon-Cum-Secretary, District Health Society, Madhepura
25. The District Magistrate-Cum-Chairman, District Health Society, East
Champaran
26. The Civil Surgeon-Cum-Secretary, District Health Society, East Champaran
27. The District Magistrate-Cum-Chairman, District Health Society, Madhubani
28. The Civil Surgeon-Cum-Secretary, District Health Society, Madhubani
29. The District Magistrate-Cum-Chairman, District Health Society, Kaimur
30. The Civil Surgeon-Cum-Secretary, District Health Society, Kaimur
31. The District Magistrate-Cum-Chairman, District Health Society, Bhojpur
32. The Civil Surgeon-Cum-Secretary, District Health Society, Bhojpur
33. The District Magistrate-Cum-Chairman, District Health Society, Banka
34. The Civil Surgeon-Cum-Secretary, District Health Society, Banka
35. The District Magistrate-Cum-Chairman, District Health Society, Begusarai
36. The Civil Surgeon-Cum-Secretary, District Health Society, Begusarai
37. The District Magistrate-Cum-Chairman, District Health Society, Araria
38. The Civil Surgeon-Cum-Secretary, District Health Society, Araria
39. The District Magistrate-Cum-Chairman, District Health Society, Munger
40. The Civil Surgeon-Cum-Secretary, District Health Society, Munger
41. Tarkeshwar Singh Son of Ram Kumar Singh Village- Dhoraha, Tola-
Pitanber Bigha, P.O.- Pandarva, District- Aurangabad
42. Renu Sinha Daughter of B.P. Sinha Resident of Friends Home Apartment,
Flat No. 4, Road No. 10, New Patliputra Colony, Patna
43. Md. Abrar Hussain Son of Md. Ibrahim Village- Noorullahpur P.O.
Daulatpur, Rausera, Begusarai
44. Khemani Gopal Ram Son of Shiv Kumar Khemani Resident of Choudhary
Tola, Kahalgaon, P.O.- Kahalgaon, Bhagalpur
45. Md. Monazir Ahsan Son of Ansur Rahman Resident at Flat T.I. Phase-V,
Sapna Apartment, Naya Tola, Patna
46. Kumari Sachidanandani Sinha Daughter of Sachidanand Prasad Resident of
M. Karuana, P.O.- Chandhari, Nalanda
47. Shailendra Kumar Son of Kamleshwari Roy Resident of Village
Singheshwar, P.O. Sukharam Manhara, Madhepura
48. Nawal Kishore Son of Saryuga Roy Village- Parei, P.O.- Jikapurpairari, East
Champaran
49. Jitendra Kumar Son of Raghubir Prasad Singh C/O Gyan Prakash Singh,
Resident at Kotwali, Village and P.O.- Jagdishpur, District- Bhojpur
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50. Shalini Srivastava Daughter of Vijay Prakash Srivastava Near Sale Tax
Office, P.O.- Bettiah Anchal Bettiah, West Champaran
51. Md. Firdaus Ansari Son of Md. Younus Ansari Village P.O.- Sihin Via-
Hasua Nawadah, Nawadah
52. Anil Kumar Gupta Son of Devendra Prasad Gupta Reghubir Chaque Path,
P.O.- Ram Patti, Madhubani
53. Radhey Shyam Prasad Keshri Son of Late Harihar Prasad Keshri Via Balihar
Surajpura, District- Rohtas
54. Mithilesh Kumar Son of Rajendra Prasad Asha Homoeo Clinic B.P.L.
Market Main Road, Belaganj, Gaya
55. Pradeep Kumar Son of Baldeo Das Sadhana Health Centre, Village and P.O.
Silaw, Nalanda, Bihar
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Fazle Karim, Advocate
For the State : Mr. Manoj Kumar, AC to GP-4
For the State Health Society : Mr. K.K.Sinha, Advocate
Mr. Shashi Shekhar, Advocate
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CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
C.A.V. JUDGMENT
Date :02-12-2025
Heard learned counsel for the petitioners and learned
counsel for the respondents.
2. The petitioners have filed the instant application for
the following relief(s):
"i) For quashing of order contained in letter bearing
letter No. 567(De.Chi) dated 10.07.2012 (Annexure-
19) passed by the Additional Secretary respondent No.
5 whereby and whereunder the complaint dated
12.10.2011
(Annexure-15) filed by the petitioners
raising the violation of law and rules of reservation
and against the illegal selection and appointment of
the respondent Nos. 42, 45, 46, 47, 51, 52, 53, 54, and
Patna High Court CWJC No.17288 of 2012 dt.02-12-2025
55 was rejected.
ii) For quashing of the order contained in letter no.
2017 dated 01.03.2012 (Annexure18) of the
Administrative Officer whereby the complaint filed by
the petitioners on 12.10.2011 sent through letter no.
20 dated 05.01.2012 (Annexure-17) by the Joint
Secretary was rejected.
iii) For cancellation of the selection of the respondent
Nos. 41 to 51 having no valid qualification and
certificates and also no fulfilling the criteria on last
date of filling the form contravening the provisions
and the rules of the selections and appointment.
iv) For issuance of a direction to resift the Respondent
no. 52, 53 and 55 against their respective category
quota seats i.e. in BC and to resift the Respondent no.
54 against his respective category quota seats i.e. in
EBC from the general category having their merit
marks less than the petitioners as per the rules
reservation.
v) For issuance of direction commanding the
respondents to make appointment of the petitioners
against the vacancy occurred on account of
cancellation of the selection of private respondent nos.
41 to 55 against general category post with all
consequential benefits including the seniority with
effect from the date of appointment made to the
private respondents and others.
vi) For issuance of direction commanding the
respondents to maké enquiry against the respondent
and erring officials who had contravened the rules
and made the selection illegally and arbitrarily to the
private respondent Nos. 41 to 55 and till now had not
Patna High Court CWJC No.17288 of 2012 dt.02-12-2025
got their certificates verified and award cost for
harassing the petitioners up to this Hon'ble Court.
vii) For any other relief(s) for which the petitioners
are found deemed entitled in the facts and
circumstances of the case."
3. The case of the petitioners in brief is that the Health
Department, Government of Bihar decided to fill up 1544 posts
of Ayush Doctors of Homoeopathy on contract basis through the
State Health Society. A written test was conducted and in the
merit list prepared both the petitioners were declared successful.
They participated in the counselling held on 3.5.2010 and in the
final eligibility verification list prepared on 15.7.2010 for Ayush
Homoeopathic doctors, their names figured at Sl. nos.266 and
269.
4. It is submitted by learned counsel for the petitioners
that four candidates belonging to the Backward Class (B.C.) and
Extremely Backward Class (E.B.C.) category, if they had been
appointed against their own quota in the reserved categories,
consequently four seats in the General category would have
fallen vacant and the petitioners would have been appointed
under the General quota. Further, even after joining of the
private respondents, their certificates were required to be
verified by the Civil Surgeon which has not been done till date.
This shows the malafides and connivance between the Civil
Patna High Court CWJC No.17288 of 2012 dt.02-12-2025
Surgeon-cum-Secretary of the District Health Society with the
private respondents.
5. In response it is submitted that the State Health
Society, Bihar wrote a letter dated 1.3.2012 to the Joint
Secretary, Health Department stating therein that the disabled
candidates of the B.C. and E.B.C. categories had been selected
under the General category. So far as the State Health Society is
concerned, it had merely posted the candidates selected as per
the list provided by the Health Department. Further, a letter
dated 10.7.2012 was sent by the Under Secretary of the Health
Department to the petitioners rejecting their complaint filed on
12.10.2011. It is for these reasons that the petitioners have
preferred the instant writ application for the reliefs prayed for as
stated herein above.
6. The application is opposed by learned counsel
appearing for the State Health Society. Referring to the counter
affidavit, it is submitted that though the advertisement in
question in the year 2008 was published by the State Health
Society, however, the merit list of Ayush doctors was prepared
by the Department of Health, Government of Bihar on the basis
of the competitive examination conducted by the Bihar
Combined Entrance Competitive Examination Board ('BCECE
Patna High Court CWJC No.17288 of 2012 dt.02-12-2025
Board' in short). So far as the Health Society is concerned, it
only posted the selected candidates and had no other role to
play. After conduct of the examination by the BCECE Board,
the counselling was conducted by the Department of Health,
Government of Bihar and the merit list of 3973 was forwarded
to the State Health Society for appointment of 1544 Ayush
doctors. Learned counsel for the State Health Society further
submits that the merit list having been provided by the Health
Department vide memo no.638 dated 22.4.2010, the validity of
the panel after extension having expired on 31.8.2011, no
further appointment can be made. All the vacancies except for
the category of S.C./S.T. were filled up on the basis of the said
panel/merit list.
7. Learned counsel appearing for the State of Bihar
submitted that advertisement was published in the year 2008 for
appointment of 1544 Ayush doctors on contractual basis. The
rank of the petitioner being lower than the candidates selected in
the merit list, he could not be appointed. Even the merit
list/panels validity having expired in August, 2011, no further
appointment can be made. It is further submitted that Clause 2
of the letter dated 5.1.2007 of the Personnel and Administrative
Reforms Department clearly provides that as per merit, the
Patna High Court CWJC No.17288 of 2012 dt.02-12-2025
disabled quota candidates are selected/appointed in the General
category. It is thus submitted that the private respondents were
rightly selected in the General quota category. There is no merit
in the writ application and the same be dismissed.
8. Heard learned counsel for the parties and perused
the material on record.
9. The facts in brief are that on the respondents coming
out with advertisement in the year 2008 for appointment of
Ayush doctors on contractual grounds, both the petitioners
herein who belonged to the General category applied. Though
they cleared the written test and were empanelled in the merit
list prepared on 15.7.2010 for Ayush Homoeopathic doctors,
their names figuring at Sl. nos.266 and 269 respectively, they
could not be appointed. As such they preferred this application.
10. The case of the petitioners as stated above is that
some of the respondents who belong to the Disabled Quota
(DQ) category, they should have been appointed against their
category which would have left vacancy in the
General/Unreserved category and consequently, the petitioners
would have been appointed.
11. The appointment of the persons belonging to the
disabled quota category is carried out as per the reservation
Patna High Court CWJC No.17288 of 2012 dt.02-12-2025
policy of the State Government contained in Resolution no.62
dated 5.1.2007 (Annexure 22 to the writ application) of the
Personnel and Administrative Reforms Department,
Government of Bihar.
12. A perusal of the resolution dated 5.1.2007 would
show that Clause 1 thereof provides for 3% reservation for
persons belonging to the disabled quota category. It further
provides that separate seats would not be provided for this
category and the appointments would be made in the respective
category to which they belong. Further, Clause 2 of the
resolution dated 5.1.2007 provides that in accordance with the
merit, the candidate belonging to the disabled quota category
will be selected under the General/Unreserved category.
13. In the opinion of the Court, the resolution dated
5.1.2007 is absolutely clear. If a person belonging to the
disabled quota category as also reserved category for example
of S.C. or S.T. or E.B.C. or B.C., if on merits, he is empanelled
for selection under the General/Unreserved category, Clause 2
of the resolution dated 5.1.2007 would come into effect and the
selection of the said person would be counted under the General
category. This is what has been done in the case of selection of
the private respondents as stated in the counter affidavit filed on
Patna High Court CWJC No.17288 of 2012 dt.02-12-2025
behalf of the respondent nos.1 to 8.
14. Thus, in view of the facts and circumstances
stated herein above, the Court finds no merit in the case of the
petitioners.
15. The application is dismissed.
(Partha Sarthy, J)
Saurabh/-
AFR/NAFR NAFR
CAV DATE 30.10.2025
Uploading Date 02.12.2025
Transmission Date N/A
