Dismissed

Rajesh Prasad and Ors. v. The State Of Bihar and Ors.

Patna HC7 Nov 2017CWJC/18421/2016

Case brief

AI extract

What is this about?

The High Court questioned an order cancelling a Para Medical Worker selection process due to large scale mark interpolation. While dismissing the writ petition and noting no immediate order to complete the process, the Court directed that future fresh advertisements must provide age relaxation for candidates who participated in the cancelled process.

What did the court decide?

Writ petition dismissed; direction issued to stipulate age relaxation for candidates in future fresh advertisements if posts are filled.

Rajesh Prasad and Ors. Vs The State Of Bihar and Ors. — Service and Employment | Patna HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.18421 of 2016

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Rajesh Prasad son of Sri Shankar Prasad, resident of Mohalla Choudhary, Post Office+ Police Station Dehri on Sone, District Rohtas at Sasaram

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Arvind Kumar Singh, son of Sri Brij Nandan Singh, resident of village Baligawan, Post Office Jabra Police Station Nokha District Rohtas

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Ajay Kumar singh son of Sri Chandeshwar Singh, resident of village Thekhibali Rampur, Post Office Tarar, Police Station Nokha, District Rohtas

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Niraj Kumr sonof Sri Murli Singh, resident of village Basahi, Police Station Kundra, District Kaimur

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Sandeep Kumar Singh sonof Sri Lalan Prasad Singh, resident of village Rauja Road, Police Station Sasaram Sadar, District Rohtas

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Ashok Kumar son of Sri Tulsi Ram, resident of village Pachpokhri, Police Station Kundra, District Kaimur

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Sunita Kumari wife of Sri Anil Kumar, resident of village Nekhra, Police station Agarer, District Rohtas at Sasaram

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Krishna Kant Singh sonfo Late Shivdhar Singh, resident of village Barahara, District Gopalganj

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Baban Paswan son of Sri Jagnan Paswan, resident of village+ post Kochas, District Rohtas

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Santosh Kumar Sharma son of Sri Dashay Sharma, resident of village Ghusiya khurd, Post Office Ghusiyachan, Police Station Bikramganj, District Rohtas.

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Nirmal Kumar Azad son of Sri Bhulan Ram, resident of village +Post office Barhari, Police Station Kundra District Rohtas

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Shatrughan Kumar Singh son of Sri Ram Adhar Singh, resident of village Gaighat, Police Station Gaighat, District Muzaffarpur

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.... .... Petitioner/s

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Versus

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The State of Bihar through the Principal Secretary, Health Department, Government of Bihar, Patna

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The Principal Secretary, Health Department, Government of Bihar Patna

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The Secretary cum Executive Director, State Health Society Bihar at Patna

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The District Magistrate cum Chairman District Health Society, Rohtas at Sasaram.

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The Civil Surgeon cum Chairman District Health Society, Rohtas at Sasaram

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.... .... Respondent/s

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=========================================================== Appearance :

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For the Petitioner/s : Mr. Manish Kant, Adv. For the Respondent/s : Mr. Vinod Kumar Yadav, SC18

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=========================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL JUDGMENT

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Date: 07-11-2017

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Heard Mr. Mukesh Kant learned counsel for the petitioner and

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Patna High Court CWJC No.18421 of 2016 dt.07-11-2017

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2/3

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Mr. Aditya Nath Jha, A.C. to S.C.18 for the State.

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The petitioner while questioning the order dated 08.07.2016 of the District Magistrate-cum-Chairman, District Health Society whereby a decision was taken by the Governing Body of the District Health Society to cancel the selection process initiated for appointment of Para Medical Worker (Leprosy) inter alia on grounds that the appointment process was infracted with controversy, have prayed for issuance of a writ commanding the respondent authorities of the District Health Society, Rohtas at Sasaram to complete the selection process. It is responding to the issues raised in the writ petition that a counter affidavit was filed on behalf of the respondents including the District Magistrate, Rohtas and the Civil Surgeon-cumChief Medical Officer, Rohtas and since the statement made at paragraph 7 of the counter affidavit did not satisfy this Court as to the reasons for which a valid selection process set at naught that the file of the proceedings of the District Health Society was directed to be produced.

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The File is produced today and Mr. Jha, learned State counsel has invited the attention of the Court to the reasons assigned in the file by the Civil Surgeon-cum-Secretary of the District Health Society recommending cancellation of the selection process to the District Magistrate, Rohtas who happens to be the Chairman of the Society to

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Patna High Court CWJC No.18421 of 2016 dt.07-11-2017

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3/3

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submit that since there were large scale interpolation on the marks allotted in the interview that a decision was taken by the Committee to do away with the selection process and to initiate a fresh selection process.

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Mr. Mukesh Kant learned counsel for the petitioner though has attempted to contest the reasons so supplied in the record of the proceedings but in my opinion in the nature of the irregularities pointed out in the notings of the Civil Surgeon pointing out large scale interpolations in the marks allotted to the candidates in the interview, I am satisfied on the reasons which led to the decision by the Committee to cancel the selection process.

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Not finding sufficient grounds to grant indulgence to the issues raised, the writ petition is disposed of with a direction to the District Health Society through its Chairman that as and when the society would decide to fill up the post(s) in question and issue fresh advertisement for the same, they would stipulate relaxation in age for those who had participated in the present selection process and fix up the cut of date accordingly.

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Bibhash/-

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Bibhash/-		(Jyoti Saran, J)
AFR/NAFR	NAFR
CAV DATE	NA
UploadingDat	e 15.11.2017
Transmission	NA
Date

Rajesh Prasad and Ors. v. The State Of Bihar and Ors.

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Rajesh Prasad and Ors. v. The State Of Bihar and Ors.

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