Shishir Kumar Suman vs The State Of Bihar on 22 December, 2023

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Patna High Court - Orders

Shishir Kumar Suman vs The State Of Bihar on 22 December, 2023

Bench: Anil Kumar Sinha

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.14472 of 2019
                 ======================================================
                 Shishir Kumar Suman Son of Jawahar Prasad Singh R/o Mohalla-Saraswati
                 Vihar Colony, Ambedkar Path, Bailey Road, Jagdeo Path, P.S. Phulwari,
                 District-Patna
                                                                           ... ... Petitioner/s
                                                    Versus

           1.    The State of Bihar through Chief Secretary, Government of Bihar, Patna
           2.    Principal Secretary Health Department, Government of Bihar, Patna
           3.    The Director Indira Gandhi Institute of Medical Sciences Sheikhpura, Patna
           4.     Dr. Sweta Kumari Wife of Dr. Priya Ranjan 201, Purushottam Palace,
                  Patliputra Colony, P.S.-Patliputra, District-Patna at present Assistant
                  Professor, BIOHEMEISTRY DEPARTMENT, Indira Gandhi Institute of
                  Medical Sciences, Shekhpura, Bailey Road, Patna
                                                                        ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr.Amarnath Jha
                 For the State          :      Mr.Ajay Bihari Sinha, GA 8
                                               Mr. Upendra Kumar Singh, AC to GA 8
                 For the IGIMS          :      Mr. Sunil Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER
3   22-12-2023

1. Heard learned Counsel for the parties concerned.

2. The present writ application has been filed by the petitioner for a direction to the respondent-Indira Gandhi Institute of Medical Sciences (IGIMS), Patna, to appoint the petitioner on the post of Assistant Professor in the faculty of Bio Chemistry, as per the advertisement, dated 03.12.2018.

3. Learned Counsel for the petitioner submits that Clause 8 of General Instructions of the advertisement says that reservation and relaxation in upper age limit will be applicable as per rule of the Government and handicapped Patna High Court CWJC No.14472 of 2019(3) dt.22-12-2023 2/3 candidates will be given the benefit of relaxation and reservation as per rule of the Government of Bihar. The petitioner claims to be handicapped candidate. The petitioner was not given the benefit of reservation under handicap quota for the post of Assistant Professor in the faculty of Bio Chemistry.

4. Learned Counsel for the IGIMS submits that the petitioner has not annexed his handicap certificate, caste certificate . The reservation to the handicap is applicable in the quota in which the candidate falls. He next submits hat without prejudice to the aforesaid, as per the advertisement, the post of Assistant Professor in the faculty of Bio Chemistry was single post and as per roster, the same was for unreserved category of candidates.

5. Having heard learned Counsel for the parties and taking into consideration the fact that the petitioner has not pointed out any rules/regulations, which has been violated in making the appointment by the IGIMS and further the post of Assistant Professor in the faculty of Bio chemistry was a single post for unreserved category of candidate, I do not find any merit in this writ application. Patna High Court CWJC No.14472 of 2019(3) dt.22-12-2023 3/3

6. This writ application is, accordingly, dismissed.

(Anil Kumar Sinha, J.) Prabhakar Anand/-

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Patna High Court - Orders