Disposed

Dr. Vinod Kumar and Ors. v. The State Of Bihar and Ors.

Patna HC14 May 2014CWJC/6151/2014

Case brief

AI extract

What is this about?

The Court upheld the State Health Society's decision to hold a written examination for recruitment posts, ruling that Article 14 and 16 mandate merit-based selection. The Court held that while the original notice lacked a written test clause, the Society could validly introduce it to address eligibility objections.

What did the court decide?

The petition was disposed of holding no error in the decision to hold a written test.

Dr. Vinod Kumar and Ors. Vs The State Of Bihar… — Pension and Retirement Benefits | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6151 of 2014

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Dr. Vinod Kumar Son Of Dhaneshwar Ray Resident Of Village - Baliya Indrajeet, P.O. Unsar, Via - Bochahan, P.S. Bochahan, District - Muzaffarpur - 843103

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Dr. Prashant Punj Bharti Son Of Sri Suresh Lal Sah Resident Of Village - Karanpur, P.S. Bochahan, District - Muzaffarpur - 843103

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Dr. Prashant Kumar Son Of Suresh Sahani Resident Of Village - Bajitpur Majhauli, P.O. And P.S. Bochahan, District - Muzaffarpur - 843103

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.... .... Petitioner/s

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Versus

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The State Of Bihar

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Principal Secretary, Health Department, Government Of Bihar, Patna

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State Health Society, Bihar, Pariwar Kalyan Bhawan, Sheikhpura, Govt. of Bihar, Patna - 800014 Through Its Executive Director

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Secretary, Health - Cum - Executive Director, State Health Society, Bihar, Pariwar Kalyan Bhawan, Sheikhpura, Govt. of Bihar,Patna - 800014

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.... .... Respondent/s

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======================================================

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with

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Civil Writ Jurisdiction Case No.6212 of 2014

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Dr. Samir Kumar Jha Son Of Gopal Narayan Jha Resident Of MohallaNew Balbhadrapur, Shivsagar, Laheriasarai, P.S- Laheriasarai, DistrictDarbhanga- 846001.

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Dr. Abinash Kumar Jha Son Of Bhawesh Kant Jha Resident Of Bansara, Popchadhi, Via- Raiyam ( Sugar Factory), P.S- Laheriasarai, DistrictDarbhanga 847337

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Dr Md. Inam Badar Son Of Md. Badrul Hoda Resident Of MohallaMeergheyas Chowk, P.O- Lalbagh, P.S- Laheriasarai, DistrictDarbhanga.

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Dr. Smita Pushpanjali Wife Of Amresh Kumar Jha Resident Of Village And P.O- Muraitha, Via- Kamtaul, P.S- Kamtaul, District- Madhubani847312.

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Dr. Rahul Kumar Son Of Ram Sudhar Jha Resident Of MohallaBalbhadrapur ( West), P.S- Laheriasarai, District- Darbhanga- 846001.

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Dr. Shashi Shekhar Jha Son Of Late Dr. Kameshwar Jha Resident Of Shahganj Benta ( Near Gumti No. 22), P.S- Laheriasarai, DistrictDarbhanga- 846003.

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Dr. Diwakar Choudhary Son Of Late Ram Punit Choudhary Resident Of L/65, Housing Board Colony, Laheriasarai, P.S- Laheriasarai, DistrictDarbhanga- 846001.

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Dr. Avadhesh Kumar Son Of Pandey Sahni Residnet Of Mohalla Bakerganj Abhanda, P.O And P.S Laheriasarai, District- Darbhanga846001.

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Dr. Sunil Kumar Paswan Son Of Mishri Paswan Resident Of VillageBedipatti, P.O- Yogiyara, Via- Anandpur, P.S- Laheriasarai, DistrictDarbhanga- 846001

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Patna High Court CWJC No.6151 of 2014 (2) dt.14-05-2014

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Dr. Ranjeet Kumar Choudhary Son Of Manikant Choudhary Resident Of Village- Haripatty, P.O And P.S- Laheriasarai, District- Darbhanga846001.

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Dr. Saket Kumar Son Of Ram Yogi Roy Resident Of Village And P.OHarpur Barheta, Via- Sarai Ranjan, P.S- Sarai Ranjan, DistrictSamastipur- 848127.

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Dr. Archana Kumari Wife Of H. Kalayananand Prasad Sharma Resident Of Village And P.O- Nazipur, P.S- Naipur, District- Madhubani847211.

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Dr. Sivajee Sarkar Son Of Late Satya Narayan Prasad Sharma Resident Of Village- Baingra Tola, P.O- Bhairwa, Via- Kamtaul, P.S- Kamtaul, District- Madhubani- 847304.

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Dr. Prem Kumar Sah Son Of Mahesh Sah Resident Of Kalyani Chowk, Kedarnath Road, Ward No. 22, ( Near Mai Sthan P.S And DistrictMuzaffarpur.

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Dr. Nitu Bharti Wife Of Avinash Kumar Resident Of MohallaAsharam Ghat, Balughat, P.S And District- Muzaffarpur.

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Dr. Abhishek Son Of Awadh Kishor Prasad Resident Of VillageGobarsahi, P.O- Khabra, P.S- Sadar, District- Muzaffarpur- 843146

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Dr. Dashrath Thakur Son Of Sri Singashan Thakur Resident Of VillageHussepur, P.S- Sahebganj, P.S- Sahebganj, District- Muzaffarpur843125

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Dr. Phanish Chander Son Of Shailendra Kumar Singh Resident Of Bejha Sadad, Shanker Nagar, P.O- Ramna, District- Muzaffarpur842002.

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Dr. Manoj Kant Bhartiyam Son Of Arvind Kumar Resident Of Mohalla Rammurthy Nagar, P.O And P.S- Hilsa, District- Nalanda - 801302.

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.... .... Petitioner/s

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Versus

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The State Of Bihar. 2. Principal Secretary, Health Department, Government Of Bihar, Patna. 3. State Health Society, Bihar, Pariwar Kalyan Bhawan, Sheikhpura, Govt. Of Bihar, Patna- 800014 Through Its Executive Director.

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Secretary, Health- Cum- Executive Director, State Health Society, Bihar, Pariwar Kalyan Bhawan, Sheikhpura, Govt. Of Bihar, Patna800014.

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.... .... Respondent/s

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====================================================== Appearance : (In CWJC No.6151 of 2014) For the Petitioner/s : Mr. Shanti Pratap, Adv. For the Respondent/s : Mr. Manish Kumar, GP8 (In CWJC No.6212 of 2014) For the Petitioner/s : Mr. Shanti Pratap, Adv. For the Respondent/s : Mr. Dinbandhu Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER

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Patna High Court CWJC No.6151 of 2014 (2) dt.14-05-2014

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2 14-05-2014

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In both the writ applications, the petitioners are aggrieved by an “Important Notice” (vko”;d lqpuk) issued by the State Health Society, Bihar, wherein it was notified that for the post of Ayush Chikitsak, Pharmacist and A.N.M., a written examination is going to be held by the Bihar Combined Entrance Competition Examination Board.

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Mr. Shanti Pratap, learned counsel for the petitioners, while assailing the aforementioned notice, is primarily of the view that as the original recruitment notification, contained in Anenxure-2, did not contain any clause for holding of the written test, the same could not have been imposed by way of any amendment much less an “Important Notice”. He has also submitted that in fact some merit list was already drawn and, therefore, the respondents, having prepared the merit list, are now precluded from holding written examination for the purpose of coming out with a fresh merit list./panel.

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Mr. R.K. Jha, learned counsel for the State Health Society, on the other hand, has submitted that no merit list was prepared and in fact after receipt of the application in terms of the advertisement, they were screened only from the point of view of eligibility and ultimately for the reasons given in the “Important Notice”, a decision was taken for holding of the written

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Patna High Court CWJC No.6151 of 2014 (2) dt.14-05-2014

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examination. He has also explained that there was no need for the Bihar Health Society to indicate the mode in which the selection was to be held because it was always within the competence of the Bihar Health Society to take its decision after ascertaining the number of applications received by it for the different posts.

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In the considered opinion of this Court, holding of a written test for filling up any post cannot be held to be bad. When Article 14 and 16 of the Constitution of India envisages selection of the best candidates on merit, the mode of written test cannot be criticized on any score. This aspect of the matter in fact has been settled in the case of Lila Dhar Vs. State of Rajasthan & Ors. reported in 1981 (4) SCC 159 and has been consistently followed.

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In view of the above and for the reasons mentioned in the “Important Notice” that there were lot of objections with regard to preparation of the list, which could not be safely resolved for determining the final panel, this Court would find no error in the decision taken by the Bihar Health Society for holding a written test.

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At this stage, Mr. Pratap submits that some decision has been taken by the State Government for scrapping the necessity of holding a written test. This Court is not aware of such notification and, therefore, all that can be said is that if the

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Patna High Court CWJC No.6151 of 2014 (2) dt.14-05-2014

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“Important Notice” is not modified as per the alleged government decision, the same shall remain undisturbed but, in case the Bihar Health Society itself changes the norms of selection, the petitioners alike the others will be also entitled for their selection as per the changed norms.

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With the aforementioned observations, this

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application is disposed of.

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(Mihir Kumar Jha, J)

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Rishi/-

Dr. Vinod Kumar and Ors. v. The State Of Bihar and Ors.

Case brief

What is this about?

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Dr. Vinod Kumar and Ors. v. The State Of Bihar and Ors.

Case brief

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