The court granted leave to withdraw the application. The petitioner requested that if he applies to any future advertisement, his candidature should be considered on merits. The court held that eligible candidates have a right to be considered.
Leave to withdraw the application was granted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Patna High Court CWJC No.12464 of 2012 (2) dt.19-07-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12464 of 2012
====================================================== 1. Roshan Kumar S/O Sunil Kumar Singh Resident Of Mohalla- Ward No. 10, Purani Bazar, Main Road Madhepura, P.S And District- Madhepura. .... .... Petitioner/s Versus 1. The State Of Bihar, Through The Director Of The State Health Society, Bihar Having His Office, New Secretariat, Bihar, Patna. 2. The Executive Director, State Health Society New Secretariat, Patna. 3. The Civil Surgeon-Cum- Medical Officer, Health Society, Madhepura. 4. The Medical Officer, Primary Health Centre, Chause, Madhepura. 5. Aruni Kummar S/O Arjun Choudhary At Presently Posted At P.H.C. Chousa, Distt- Madhepura On The Postal Data Operto Primary Health Centre, Resident Of Village................., P.S................ , District.............................
.... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Pankaj Kumar Jha For the Respondent/s : Mr. Shashi Bhushan Kr. Sc7 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA ORAL ORDER
It goes without saying that every candidate fulfilling the conditions of eligibility has a right to be considered for appointment in accordance with law. The application stands disposed.
(Navin Sinha, J)
K.C.jha/-
2 issues framed by the court
Whether a petition for withdrawal of application with a request for future consideration on merits is maintainable.
Whether eligibility for appointment implies a right to be considered irrespective of supplementation of application.
Roshan Kumar
The State Of Bihar, Through The Director Of The State Health Society
Aruni Kummar
Navin Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
