Sanjay Kumar Ray v. State of Bihar through the Principal Secretary Department of Health
2014-09-15
CHAKRADHARI SHARAN SINGH
body2014
DigiLaw.ai
ORDER : 1. This is an application seeking a direction to the Respondents to appoint the petitioner on the post of Ayush (Homeopathy) Doctor and to post him under any Additional Primary Health Centre. The petitioner had applied for the post in response to an advertisement as Backward Class candidate. His grievance is that persons with lower merit in B.C. Category as well as in General Category have been appointed ignoring the petitioner’s claim. Specific statements in this regard have been made in paragraph No. 11 of the writ application to the effect that one Radhe Shyam Prasad Keshri belonging to B.C. Category with lower rank has been appointed. It has also been stated that one Pradeep Kumar who had applied as General Category candidate also ranks lower than the petitioner but he has been appointed ignoring the petitioner’s better merit. 2. A counter affidavit has been filed on behalf of the State of Bihar. With reference to averment made in paragraph No. 11 of the writ petition it has been stated that the said persons who ranked 829 and 902 belonging to General Category and 330, 358 belonging to B.C. Category had been selected against posts reserved for disabled persons. Learned counsel appearing on behalf of the State has contended that there is no person with lower merit than the petitioner belonging to his category who has been appointed as Ayush (Homeopathy) Doctor pursuant to the said advertisement. 3. Learned counsel for the petitioner has vehemently argued, referring to the eligibility verification chart for Ayush (Homeopathy) Doctors prepared at the time of preparing the merit list that the case of the petitioner was kept pending on the ground of non-submission of certain certificates etc. He has drawn my attention to Annexure-8 series of the writ application. As there is no pleading that the persons of B.C. Category having lower merit have been given appointment ignoring the petitioner’s claim, I do not find any reason to entertain the relief as prayed for in the writ application. 4. This is particularly in the light of specific pleading in the counter affidavit that persons having less merit than the petitioner have been appointed as Ayush (Homeopathy) Doctors because they were disabled persons. 5. In such view of the matter, this application is dismissed.