Petitioners challenged appointments of Laboratory Technicians made via a one-year valid order. The court held the order expired after one year, rendering the challenge infructuous. Writ dismissed.
Writ application dismissed as having become infructuous on the ground that the impugned order expired after one year.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16086 of 2010
====================================================== 1. Mritunjay Kumar S/O Parmanand R/O Micro Lab Janch Ghar, Old Bus Stand, Banka, Near Bhartiya Nibas, P.S.- Banka, Distt.- Banka 2. Md. Jalaluddin Ansari S/O Md. Nuruddin Ansari R/O MohallaBahadurganj, P/S- Laheriasarai, Distt.- Darbhanga .... .... Petitioners Versus 1. The State Of Bihar 2. The Principal Secretary Health Department, Govt. Of Bihar, Patna 3. The Principal Secretary Human Resource Development Deptt., Govt. Of Bihar, Patna 4. The Director-In-Chief Health Services, Health Department, Govt. Of Bihar, Patna 5. The Director, Deshi Chikitsa Health Deptt., Govt. Of Bihar, Patna 6. The Director, Secondary Education Govt. Of Bihar, Patna 7. The Executive Director State Health Committee, Bihar Pariwar Kalyan Bhawan, Sheikhpura, Patna-14 8. The Deputy Secretary Cum Public Information Officer Health Deptt., Govt. Of Bihar, Patna .... .... Respondents ====================================================== Appearance : For the Petitioners : Mr. Rana Bhupendra Nr.Singh, Advocate For the Respondents : Mr. Harish Kumar, GP32 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 3 21-11-2014 This is an application seeking quashing of an order dated 29.06.2010 issued vide memo No. 1130(4) by the Directorin-Chief, Health Services, Bihar whereby certain persons have been appointed on contract basis as Laboratory Technicians by the Directorate of Health Services, Government of Bihar.
It is the contention on behalf of the petitioners that they hold certificates from recognized institutions required for the purpose of appointment as Laboratory Technicians and they had applied for the post on which appointments were required to be made on contract basis. They had passed the examination conducted for the said purpose. It is the plea of learned counsel for the petitioners that such persons have been selected/ appointed as
Patna High Court CWJC No.16086 of 2010 (3) dt.21-11-2014
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Laboratory Technicians by the impugned order dated 29.06.2010 who do not hold certificates from recognized intuitions.
Learned counsel for the State, on the other hand, while opposing the prayer made in the writ application, has drawn my attention to clause (ga) of the impugned order and has contended that the appointments in question are purely contractual in nature for a period of one year or till regular appointments were made on the said posts, whichever was earlier. Referring to the said clause, learned counsel for the State has submitted that the impugned order dated 29.06.2010 lost its force on completion of one year from the date of its issuance and, therefore, this writ application has become infructuous.
Clause 1(ga) of the order dated 29.06.2010, which is under challenge in the present writ application, reads thus:-
“(x) l a fonk ds “krksZ a ds l a c/k es a a foRr foHkkx ds ijke”kZ ds vkyksd es a fuZ.k; fy;k x;k gS fd l a fonk ,d o’kZ ;k fu;fer fu;qfDr gksus rd tks Hkh igys gks] ds fy, vuqekU; gksxkA ;fn ,d o’kZ rd fu;fer fu;qfDr ugh gksxh rks iqu% u;s fljs ls l a a fonk vke a f=r dj vuqc a f/kr fd;k tk;sxkA fdlh Hkh ifjfLFkfr es a l a fonk ds vk/kkj ij vuqcf/kr bu O;fDr;ks a a dh l a fonk dk foLrkj ugh a fd;k tk;sxk A”
It is apparent from the said provision that in no circumstance, appointment could be made after one year on the basis of the said order dated 29.06.2010.
This writ application is, accordingly, dismissed as having become infructuous.
(Chakradhari Sharan Singh, J)
BKS/-
U
1 issue framed by the court
Whether the writ application remains maintainable once the contractual appointments have exceeded the one-year validity period specified in the impugned order.
Mritunjay Kumar S/O Parmanand
Md. Jalaluddin Ansari S/O Md. Nuruddin Ansari
The State Of Bihar
Chakradhari Sharan Singh
As recorded by the court registry
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