Rajeev Sharan vs The State Of Bihar & Ors on 27 October, 2016

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Patna High Court - Orders

Rajeev Sharan vs The State Of Bihar & Ors on 27 October, 2016

Bench: Ajay Kumar Tripathi

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.9958 of 2014
                 ======================================================
                 Rajeev Sharan S/o Mahavir Sharan R/o village - Pamara, P.O. - Raghopur
                 Bakhari, P.S. + District - Sitamarhi.
                                                                           .... .... Petitioner
                                                     Versus
                 1. The State of Bihar through Secretary, Health cum Executive Director,
                 State Health Society, Govt. of Bihar, Patna.
                 2. The District Magistrate cum Chairman, District Health Society, District -
                 Sheohar.
                 3. The District Development Commissioner, District Sheohar.
                 4. The District Welfare Officer, District - Sheohar.
                 5. The District Labour Officer, District - Sheohar.
                 6. Civil Surgeon cum Secretary, District Health Society, District - Sheohar.
                 7. Dharmendra Kumar Singh S/o Kameshwar Singh Block M & E,
                 Assistant cum Data Entry Operator - P.H.C. Tariyani, District - Sheohar.
                                                                        .... .... Respondents
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :    Mr. Dinesh Jha
                 For the Respondent/s        : Mr. Sc23-Kumar Priyaranjan
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR
                 TRIPATHI
                 ORAL ORDER

2   27-10-2016

Heard counsel for the petitioner, counsel for respondent no.6 and the counsel for the State Health Society.

Petitioner has tried to create a hue and cry as if the respondents have played a trick while making appointment on contract, on the post of Assistant cum Data Entry Operator in the district of Sheohar.

These are fixed tenure, fixed remuneration, on contract hiring by the respondents. Though a long list was prepared of the candidates who participated in the process but the total number of vacancies indicated in the advertisement was only five. Those five Patna High Court CWJC No.9958 of 2014 (2) dt.27-10-2016 2 posts were also further reserved under different category, which is indicated in Annexure 2 annexed by the petitioner himself.

Petitioner tries to make out a case that a person, whose name did not even find place in Annexure 3, has found engagement under the respondents, therefore, whole decision seem to have been taken improperly.

Contrary to the same, the respondents in their counter affidavit have explained and given the reason for inclusion of the said candidate. After such an explanation with supporting material is offered, now the petitioner says that there is a deliberate interpolation and overwriting to accommodate the person.

The Court is not going to act like an Investigating Officer because these are more allegations made than made out.

No interference is warranted in the writ application and no relief can be granted, especially when these are not substantive post under the respondents or the State authorities but a contractual hiring.

Writ is dismissed in view of above.

(Ajay Kumar Tripathi, J) Surendra/-

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Patna High Court - Orders