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Consideration

13. Having heard learned counsel for the petitioners and the State as also on perusal of the judgments placed before this Court, this Court finds that the first contention of learned counsel for the petitioners is that the petitioners should succeed in view of the setting aside of the order of the learned One Man Committee in the case of Jwala Prasad vide Annexure '33' to the petitioners' reply to the counter affidavit filed on behalf of respondent no. 4. This Court has, therefore, gone through the order passed by the Patna High Court CWJC No.16036 of 2011(7) dt.13-02-2023 learned Co-ordinate Bench in the case of Jwala Prasad. It appears that at the time of disposing of the writ application being CWJC No. 19790 of 2010, the judgment of the Hon'ble Supreme Court in the case of Devendra Sharma (supra) had not come. The learned Co-ordinate Bench took note of the fact that the Five Members Enquiry report was signed by only three Members of the Committee and in a challenge to the same in CWJC No. 2182 of 2008, the writ application was allowed by the learned Single Judge on 06.10.2009 and on the appeal preferred by the State being LPA No. 1623 of 2009 and other analogous cases the matters were disposed of after constituting One Man Committee by Justice Uday Sinha (retired). The learned Co-ordinate Bench thereafter went into the order passed in LPA No. 1518 of 2010 and LPA No. 230 of 2011 and was of the view that the similar benefit be allowed to the litigants in similar cases in terms of the litigation policy of the State Government. This Court has privilege to go through the judgment of the Hon'ble Supreme Court in the case of Devendra Sharma (supra). The observations of the Hon'ble Supreme Court as regards the four categories of cases which have been found in the matter of appointment against class III and class IV posts in the Health Department in the Government of Bihar till 1990 or so are important to take note of.