Letters Patent Appeals challenging a Single Judge's order on age relaxation for medical service posts were disposed as not pressed due to the State agreeing to implement the judgment.
None; appeals disposed as not pressed.
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.
IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.573 of 2022 In
Civil Writ Jurisdiction Case No.8997 of 2020
======================================================
... ... Appellant/s Versus
Patna High Court L.P.A No.573 of 2022 dt.12-04-2023 2/5
Patna through its Secretary.
... ... Respondent/s
======================================================
with
Letters Patent Appeal No. 572 of 2022 In
Civil Writ Jurisdiction Case No.288 of 2021
Versus
Patna High Court L.P.A No.573 of 2022 dt.12-04-2023 3/5
Begusarai Mufassil, Dist.- Begusarai.
... ... Respondent/s
====================================================== Appearance : (In Letters Patent Appeal No. 573 of 2022) For the Appellant/s : Mr. Prashant Kumar Shahi, A.G. Mr. S.D. Yadav, AAG-9 Mr. Braj Bhushan Mishra (A.C. To A.A.G.9) For the Pvt. Respondent : Mr. Chakrapani, Adv. For the B.T.S.C. : Mr. Nikesh Kumar, Adv. For the Intervenors : Mr. Hridayal Kumar, Adv. (In Letters Patent Appeal No. 572 of 2022) For the Appellant/s : Mr. Prashant Kumar Shahi, A.G. Mr. S.D. Yadav, AAG-9 Mr. Nagendra Kr. AC to AAG9 For the Respondent/s : Mr. Chakrapani, Adv. For the B.T.S.C. : Mr. Nikesh Kumar, Adv. For the Intervenors : Mr. Hridayal Kumar, Adv. ======================================================
CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and
HONOURABLE MR. JUSTICE HARISH KUMAR
Patna High Court L.P.A No.573 of 2022 dt.12-04-2023 4/5
ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)
Date : 12-04-2023 Heard learned counsel for the parties.
Both the appeals are directed against the
judgment passed by the learned Single Judge in a batch of writ petitions, the lead case being CWJC No. 8997 of 2020 wherein, reading the provisions of the Bihar District Ayush Medical/State Ayush Medical Service (Appointment on Regular/Contract basis and Service Conditions) Rules, 2010, the learned Single Judge has opined that since the last of the processes to fill up the post was conducted in the year 1996-97 and the present process has been initiated in the year 2020, age relaxation of 23 years ought to be given to the candidates, which period is calculated from 1997 to 2020.
The aforenoted decision was based on a Circular of the Government which provides that age relaxation is permissible, for which the consideration would be the last recruitment to the present recruitment.
Patna High Court L.P.A No.573 of 2022 dt.12-04-2023 5/5
Though, We had some reservations about the
correctness of the order but, over a period of time, since
the entire recruitment process has been put on hold, the State has taken a decision to implement the judgment passed by the learned Single Judge referred to above.
The State agrees to extend the relaxation age of employees to 23 years, permitting them to appear in the selection process where the selection is to be made only on the basis of marks and not on the basis of any examination.
In view of the administrative decision taken by
the State, both the appeals are not pressed.
The appeals are disposed of as not pressed.
(Ashutosh Kumar, J)
( Harish Kumar, J)
rishi/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| Uploading Date | 17.04.2023 |
| Transmission Date |
State of Bihar and others
Arun Kumar Mishra and others
Mazher Alam and others
Bihar Technical Service Commission
Ashutosh Kumar
Harish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
