IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5475 of 2005 DR.BRISH BHAN GUPTA, SON OF SHRI KRISHNA CHANDRA GUPTA, RESIDENT OF 6B/9 TILAK MARG, NORTH S.K. PURI, P.S. S.K. PURI, TOWN AND DISTRICT PATNA. ---------------------------------------------------------------------------------------------------- PETITIONER Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, MEDICAL EDUCATION AND FAMILY WELFARE DEPARTMENT, GOVERNMENT OF BIHAR, NEW SECRETARIAT, VIKAS BHAWAN, PATNA. 2. BIHAR PUBLIC SERVICE COMMISSION THROUGH ITS CHAIRMAN, 15 JAWAHARLAL NEHRU MARG, BAILEY ROAD, PATNA. 3. SECRETARY, BIHAR PUBLIC SERVICE COMMISSION, 15 JAWAHARLAL NEHRU MARG, BAILEY ROAD, PATNA. 4. DEPUTY SECRETARY, BIHAR PUBLIC SERVICE COMMISSION, 15 JAWAHARLAL NEHRU MARG, BAILEY ROAD, PATNA. ------------------------------------------------------------------------------------------------ RESPONDENTS For the petitioner :- Mr. Shivendra Kishore, Advocate For the State :- Mr. Shankar Kumar, A.C. to A.A.G. 15 For the B.P.S.C. :- Mr. Nadim Seraj, Advocate ******** 6 2.2.2011 The petitioner is aggrieved by the fact that the Health Department through the B.P.S.C. has been issuing advertisements for appointment to the post of Senior Resident/Tutor. The first advertisement was issued in the year 2001. One of the conditions in the said advertisement was that there would be no age bar for Medical Officers who are already in service of the State of Bihar. This advertisement of the year 2001 was withdrawn. Subsequently, in the year 2005, another advertisement was issued in which one of the conditions was prescribing the age limit for applying for 2 the post. This advertisement was also withdrawn. Learned counsel for the petitioner submits that when the State Government is advertising for a particular post after gap of long period, there should not be any age bar, as it is detrimental for those persons who are eligible to apply for the post had there been regular appointments made periodically for the post advertised. These aspects of the matter would obviously be considered if and when an advertisement is issued. This court cannot pass any positive order in view of the fact that the advertisement of the year 2005 by which the petitioner was aggrieved prescribing the age bar for the Medical Officers for applying for the post of Senior Resident/Tutor has been cancelled/withdrawn by letter datedf 2.8.2006. One ground raised on behalf of the petitioner which in my opinion is justified is that the State Government is inviting persons for the post of Senior Resident/Tutor and after issuing advertisement withdraws it for one reason or 3 the other, or without assigning any reason. I do not think that the conduct of the Department concerned is fair and some remedial steps should be taken by the Health Department on this issue. Counsel for the petitioner would be at liberty to bring this order to the notice of the Principal Secretary, Health Department. For the present, however, no positive order can be passed since there is no advertisement issued by the Health Department. This writ application is accordingly disposed of. Sanjay ( Sheema Ali Khan, J.)