IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1599 of 2010 1. BABY KUMARI W/O ARJUN PRASAD C/O RAMJEE PRASAD (PAHALWAN), R/O VILL.- NEEMCHAK, P.S.- KASHICHAK, DISTT.- NAWADA 2. BIBHA SINHA W/O DINESH PRASAD R/O VILL.- BHAIRO BIGHA, P.S.- KASHI CHAK, DISTT.- NAWADA Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY DEPARTMENT OF HEALTH, GOVT. OF BIHAR, PATNA 3. THE DIRECTOR IN CHIEF HEALTH SERVICES, GOVERNMENT OF BIHAR, PATNA 4. THE DIRECTOR, HEALTH SERVICES MEDICAL EDUCATION AND FAMILY WELFARE, GOVERNMENT OF BIHAR, PATNA 5. THE EXAMINATION CONTROLLER CUM DEPUTY SECRETARY, HEALTH SERVICES DEPARTMENT OF HEALTH, MEDICAL EDUCATION AND FAMILY WELFARE, GOVERNMENT OF BIHAR, PATNA ----------- 3. 06.09.2010 Heard learned Counsel for the petitioners and the learned Counsel for the State. A counter affidavit is filed on behalf of the State. The petitioners are aggrieved by order dated 21.10.21009 declining admission to them in Auxiliary Nurse Midwife Course Grade – A, stating that they did not participate in the counseling. Counsel for the petitioners places reliance on a similar order passed in CWJC No. 8129 of 2008 urging that this Court had directed consideration subject to availability of seats only. The petitioners for one reason or the other could not participate in the counseling and this Court had condoned any failure to participate in the counseling. Counsel for the State relies upon an order of this Court in CWJC No. 859 of 2008 and analogous cases wherein this Court declined to interfere in a similar matter. The petitioners therein had also acknowledged that they failed to participate in the counseling but sought to explain the same that they did not keep themselves up to date with newspaper publications. This Court in CWJC No. 859 of 2008 then held that it finds it difficult to pass any positive order with regard to the petitioners in view of the conditions of finality laid down in the press communiqué dated 23.3.2007 drawing the curtains. Once the petitioners have acknowledged that they had not participated in the counseling their claims stand fully covered by the order of this Court in CWJC No. 859 of 2008. The impugned order dated 21.10.2009 merits no interference. The application is dismissed. Snkumar/- (Navin Sinha,J.)