Dismissed
Dr. Ritesh Kumar Tarun v. The State Of Bihar and Ors.
Patna HCCWJC/18820/2015
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COURT OF JUDICATURE AT PATNA Civil Writ…
What the court decided
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18820 of 2015
=========================================================== Dr. Ritesh Kumar Tarun, Son of Pawan Kumar Prasad, resident of Village - Bajrang Bagh, P.O. & P.S. - Hilsa, District - Nalanda.
| .... .... Petitioner |
|---|
| Versus 1. The State of Bihar. |
| 2. The Principal Secretary, Department of Health, Govt. of Bihar, Patna. |
| 3. The Bihar Public Service Commission, Patna through its Chairman. 4. The Secretary, Bihar Public Service Commission, Patna. |
| 5. The Medical Council of India through its Chairman. |
| 6. The Secretary, Ministry of Health and Family Welfare, Govt. of India, New Delhi. .... .... Respondents =========================================================== Appearance : |
| For the Petitioner : Mr. Prashant Sinha, Advocate |
| For B.P.S.C. : Mr. Sanjay Pandey, Advocate |
| For U.O.I. : Ms. Kanak Verma, C.G.C. |
| For the State : Mr. Avnindra Kumar Jha, A.C. to A.A.G.13 |
| For M.C.I. : Mr. Kumar Brijnandan, Advocate |
| =========================================================== |
| CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT |
| Date: 14-01-2016 |
Petitioner was one of the applicants for appointment on the post of General Duty Medical Officer under the respondent-State of Bihar. In response to the advertisement issued by Bihar Public Service Commission (hereinafter referred to as 'B.P.S.C.'), he went through the process of selection but was ultimately not selected. Now he has moved the High Court making a grievance that one of the reason for his non-selection is non-award of ten marks despite the petitioner holding a diploma in orthopedic in post-graduation which is a recognized degree by M.C.I. The whole thrust of the pleading in the writ application is non-award of ten marks against the post-graduate diploma in orthopedic. The Court, therefore, directed B.P.S.C. to file
Patna High Court CWJC No.18820 of 2015 dt.14-01-2016
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their response as to why they have adopted such a position with regard to the petitioner.
Patna High Court CWJC No.18820 of 2015 dt.14-01-2016
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was required to do at the time of interview. After the interview was completed, two notices were issued by B.P.S.C. directing the candidates to complete the formalities by a time frame if they had failed to do so in terms of the advertisement. Adequate opportunity thus was extended but still there were candidates like the petitioner who failed to meet the requirements before declaration of the result.
(Ajay Kumar Tripathi, J.)
Sanjay/-
U
3 issues framed by the court
Whether the petitioner is entitled to marks for his post-graduate diploma in orthopedic which he failed to produce at the time of the interview.
Whether the Bihar Public Service Commission acted reasonably in not awarding marks due to non-production of original certificates.
Whether the writ application has merit considering the petitioner's failure to comply with interview requirements.
Dr. Ritesh Kumar Tarun
State of Bihar
Bihar Public Service Commission
Ajay Kumar Tripathi
As recorded by the court registry
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