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Patna High Court
Saket Kumar vs The State Of Bihar And Ors on 4 December, 2025
Author: Partha Sarthy
Bench: Partha Sarthy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No. 19580 of 2018
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Saket Kumar Son of Dr. Karyanand Thakur, Resident of Satish Chandra Road,
Ashok Nagar, Pokharia, Begusarai, P.S. Sadar, Town and District Begusarai.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Health,
Government of Bihar, Patna.
2. State Health Society through its Executive its Executive Director, Pariwar
Kalyan Bhawan, Sheikhpura, Patna.
3. District Magistrate, Cum Chairman, District Health Society, Begusarai
4. Civil Surgeon-Cum-Member Secretary, District Health Society, Begusarai
5. Ratnesh Kumar Mishra Son of Sri Nand Kishore Mishra, Ayush Medical
Officer, Primary Health Centre, Gadhpura, P.S. Gadhpura, District
Begusarai.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Thakur, Advocate
Mr. Shivam, Advocate
Mrs. Vaishnavi Singh, Advocate
Mr. Shiv Kumar, Advocate
For the State : Mr. Rajeshwar Singh, GA-10
Mr. Chandra Shekhar Singh, AC to GA-10
For the State Health Society : Mr. K.K. Sinha, Advocate
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CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
Date : 04-12-2025
Heard Mr. Ajay Kumar Thakur, learned counsel for
the petitioner, learned counsel for the State of Bihar and Mr.
K.K. Sinha, learned counsel for the State Health Society.
2. The petitioner has filed the instant application for
directing the respondent authority to accept the joining of the
petitioner in light of his selection pursuant to the
advertisement issued under the signature of the Executive
Patna High Court CWJC No. 19580 of 2018 dt.04-12-2025
Director, State Health Society, Bihar, Patna.
3. The case of the petitioner in brief is that the
respondents having come out with an advertisement in the
year 2013 under the signature of the Executive Director, State
Health Society, Bihar, inviting applications for appointment
on different posts including that of Ayush Medical Officer on
contractual basis, the petitioner being eligible, applied for the
post of Ayush Medical Officer. He was selected for
appointment in the District of Begusarai.
4. It is submitted by learned counsel appearing for
the petitioner that the petitioner gave his joining on 14.5.2015
before the Civil Surgeon cum Medical Secretary, District
Health Society, Begusarai, whereafter he was orally directed
to appear on 18.5.2015 for posting and training. The petitioner
was not posted, instead orally told that he would be informed
of the posting after the disposal of the case pending in the
Patna High Court wherein stay had been granted. It is stated
that even after the disposal of the case, he was not posted
anywhere on account of an indefinite strike having taken place
followed by imposition of the Model Code of Conduct on
account of the upcoming Bihar Legislative Council elections.
Inspite of all the reasons for the petitioner not being posted
Patna High Court CWJC No. 19580 of 2018 dt.04-12-2025
having been exhausted by the respondents still the petitioner
was not posted anywhere inspite of his selection. Thus the
instant application for a direction to the respondents to accept
his joining in light of his selection as an Ayush Medical
Officer.
5. It is further submitted by learned counsel
appearing for the petitioner that as would be evident from
Annexure-3 to the writ application, the petitioner gave his
joining before the Civil Surgeon on 14.5.2015 stating therein
his choice of postings being either Barauni, Cheria Bariyarpur,
Manihari, Baliya or Begusarai Sadar. Not having been posted
anywhere, the petitioner filed a representation before the
Executive Director. It further transpires from the counter
affidavit that a person junior to him has subsequently been
posted. As such, it is prayed that the respondents be directed
to post the petitioner pursuant to his selection as Ayush
Medical Officer.
6. In response, it is submitted by learned counsel
appearing for the respondents that though it is correct that the
petitioner was selected in the provisional list on the post of
Ayush Medical Officer, however inspite of the said selection,
the petitioner not having joined, the respondents proceeded to
Patna High Court CWJC No. 19580 of 2018 dt.04-12-2025
appoint the next person in the merit list. It is the petitioner
who is responsible for not having given his joining and as a
result he could not have been posted. Learned counsel further
submits that against the selection in the year 2015, there is an
inordinate delay of three years in preferring the instant writ
application. As such it is prayed that there is no merit in the
instant application and the same be dismissed.
7. Heard learned counsel for the parties and perused
the material on record.
8. The relevant facts in brief are that the respondents
came out with an Advertisement in the year 2013 under the
signature of the Executive Director, State Health Society for
appointment on different posts including Ayush Medical
Officers on contractual basis.
9. The petitioner along with others filed their
applications and the petitioner figured among the 25 Ayush
Medical Officers selected for appointment. It transpires that
24 out of the 25 candidates selected gave their joining in the
District Health Society, Begusarai, however the petitioner did
not join.
10. It further transpires that intimation was given to
the petitioner on telephone, however not having joined, the
Patna High Court CWJC No. 19580 of 2018 dt.04-12-2025
respondent no.5 whose name figured in the waiting list was
made to join in terms of the guidelines of the State Health
Society contained in memo no.5795 dated 5.9.2015.
11. It is after a month of the publication of the
second list and joining of the respondent no.5 that the
petitioner filed an application before the District Programme
Officer, District Health Society, Begusarai on 6.10.2015
requesting that his joining be accepted. A perusal of the said
letter would show that the only reason given therein for not
having joined inspite of the petitioner's selection was that the
petitioner was ill, suffering from Jaundice. Neither the
petitioner has given the period when he was suffering from
illness nor has he brought on record any document in support
of the said statement made in his application.
12. It further transpires that even on his application
being submitted on 6.10.2015 (Annexure-C to the counter
affidavit), when as per the petitioner's case, he was not made
to join, the petitioner sat over the matter and moved this Court
by way of the present case only in September, 2018 with no
explanation whatsoever for the delay.
13. On perusal of the material on record as also the
contents of the petition and counter affidavits, the Court is of
Patna High Court CWJC No. 19580 of 2018 dt.04-12-2025
the opinion that it is the petitioner alone who is responsible for
not joining inspite of his selection as Ayush Medical Officer,
when 24 out of the 25 persons selected along with the
petitioner had no difficulty and joined the service.
14. In view of the facts and circumstances of the
case, the Court finds no merit in the instant application and
the same is dismissed.
(Partha Sarthy, J)
Shiv/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 04.12.2025
Transmission Date
