IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5742 of 2011 DR.ABHAY KUMAR SINHA, son of Sri Krishna Prasad, Permanent resident of Mohalla – Gardanibagh, P.S. Gardanibagh, Town & District-Patna, at present working as Tutor, Department of Physiology, Nalanda Medical College and Hospital, Patna. ________ Petitioner Versus 1. THE STATE OF BIHAR through the Principal Secretary, Department of Health, Medical Education and Family Welfare, Government of Bihar, Patna. 2. The Deputy Secretary, Department of Health, Medical Education and Family Welfare, Government of Bihar, Patna. 3. The Director-in-Chief, Health Services, Government of Bihar, Patna. 4. Dr. Mahvir Thakur, son of late Markandey Thakur, presently posted as Medical Officer in Primary Health Centre, Manigachhi, District- Darbhanga. 5. Dr. Hemshankar Sharma, son of not known to the petitioner, presently posted as Senior Resident, Department of Medicine, J.L.N. Medical College and Hospital, Bhagalpur, District-Bhagalpur. 6. Dr. Vijay Kumar Singh, son of not known to the petitioner, presently posted as Tutor, Department of Physiology, Shri Krishna Medical College and Hospital, Muzaffarpur, District – Muzaffarpur. 7. Dr. Raushan Kumar, son of not known to the petitioner, presently posted as Medical Officer in Primary Health Centre Naukokhe, District-Begusarai. 8. Dr. Pankaj Mohan Srivastava, son of not known to the petitioner, presently posted as R.N.T.C.P., D.M.C.H., Darbhanga, District- Darbhanga. 9. Dr. Kaushal Kumar, son of not known to the petitioner, presently posted as Registrar, Department of Medicine, Nalanda Medical College and Hospital, Patna. 10. Dr. Kumar Saurabh, son of not known to the petitioner, presently posted as Medical Officer, Nathnagar Referal Hospital, Nathnagar, District – Bhagalpur. 11. Dr. Rajesh Kumar Jha, son of not known to the petitioner, Narayani Laxmipur Balbhadrapaur, Laheriasarai, Darbhanga, District – Darbhanga. 12. Dr. Javed Anwar, son of not known to the petitioner, resident of K- 101, Flat No.4, Birl Apatment, Abu Fazal Enclave-1, Okhla, New Delhi-110025. 13. Dr. Harsh Bardhan, son of not known to the petitioner, resident of 501, P. V. Complex, West Boring Canal Road, Patna. 14. Dr. Sanjeev Kumar Singh, son of not known to the petitioner, resident of near Savitri Cinema N.H.31, Begusarai, District – Begusarai. 15. Dr. Ajay Kumar Mishra, son of not known to the petitioner, resident of C/O Mohan Mishra, Ambalika Bangali Tola, Laheriasarai, District-Darbhanga. 2 16. Dr. Anand Gopal, son of not known to the petitioner, resident of C/O Dr. Kumari Priya, Department of Obs & Gyanae, Patna Medical College and Hospital, Town and District – Patna. 17. Dr. Arun Kumar Arun, son of not known to the petitioner, posted as Medical Officer, Primary Health Centre, Akbarpur Block, District – Nawada. 18. Dr. Ajay Kumar, son of not known to the petitioner, resident of C- 86, 1st floor Mahendru Enclave, G.T. Carnal Road, New Delhi. 19. Dr. Kaushal Kumar Jha, son of Sri Kant Jha, Ward no.47, Braham Asthan Laheriasarai, Town and District – Darbhanga. 20. Dr. Ravindra Kumar Das, son of not known to the petitioner, Senior Resident (Contract) Medicine Department, Darbhanga Medical College and Hospital, Laheriasarai, Town and District – Darbhanga. 21. Dr. Nasim Ulhak, son of not known to the petitioner, Resident of C/O Ajam Khatoon, House No.A-47, Enaiyat Colony, Bari Road, Near Masjid, Gaya, District – Gaya. _______ Respondents ----------- 02. 20.04.2011 Petitioner is not satisfied with the so-called panel which has been drawn up for appointment as tutors in the Department of Medicine, in the Medical Colleges of Bihar because according to the petitioner, his name ought to have figured at a much higher place than serial No.47 where his name stands. He has objections against the inclusion of many a persons above him in the panel, details of which have been furnished by him in various applications which he came to file before the respondent authorities, which are Annexures-15, 16 and 17. Since no cognizance has been taken to such objections, apprehending that appointments are going to be made without effecting any change in the panel or taking a decision on the objections of the petitioner, he filed the present writ application. If the notification itself talks in terms of filing of objection by the persons concerned, who have a grievance in 3 terms of Annexure-7, then the respondent authorities have an obligation to go into those objections and settle the issue by either making an appropriate correction or rejecting the claim as the case may be. But keeping quiet on the issue is not going to help the situation. Stand of the counsel for the State is that the petitioner has raised several kinds of objections in the various applications filed by him and has even tried to improve upon it by bringing new materials . Therefore it will be in the interest of things that petitioner should file fresh application incorporating the materials conceivably he can think of, before the Principal Secretary, Health Department, Government of Bihar, who will have an obligation to take note of those objections, get it verified and hear the persons concerned who are going to be effected by such a decision and pass a final order before appointment based on the prepared panel is made. This will be also in the interest of administration as it will prevent filing of cases after such appointments are made on one ground or the other. Let the petitioner file such an objection within a week from today. Respondent no.1, Principal Secretary will thereafter get the matters verified and communicate the final opinion on the objection of the petitioner at the earliest but preferably before appointments are made in terms of advertisement contained in Annexure-2. 4 The writ application is disposed of with above direction. rkp ( Ajay Kumar Tripathi, J.)