IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14847 of 2009 1. VIJAY KUMAR SINHA S/O LATE KEDAR NATH R/O INDUR BHAWAN, GANDHI NAGAR, P.S- SHRI KRISHNA PURI, DISTT- PATNA Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY-CUM- COMMISSIONER, HEALTH, MEDICAL EDUCATION AND FAMILY WELFARE DEPARTMENT, NEW SECRETARIAT,VIKASH BHAWAN, PATNA 2. DIRECTOR-IN-CHIEF HEALTH SERVICES, GOVT. OF BIHAR, NEW SECRETARIAT, VIKASH BHAWAN, PATNA 3. DIRECTOR, HEALTH SERVICES, GOVT. OF BIHAR,NEW SECRETARIAT, VIKASH BHAWAN, PATNA 4. CIVIL SURGEON-CUM-CHIEF MEDICAL OFFICER, ARRAH, BHOJPUR 5. IN CHARGE,. MEDICAL OFFICER, LEPROSY CONTROL, UNIT BUXAR, BHOJPUR ----------- 2 11.2.2010 Heard counsel for the petitioner and the counsel appearing for the State. Petitioner’s prayer is for a direction to the respondent Civil Surgeon-cum-Chief Medical Officer, Bhojpur for reinstating the petitioner on his post with all consequential benefits and for declaring his appointment as legal and valid. Petitioner’s case has been considered by the Civil Surgeon-cum-Chief Medical Officer, Bhojpur vide order contained 2 in Memo no. 37 dated 7.1.2004 and found to be illegal. Case of similarly situated persons were earlier considered in the light of the direction issued in CWJC No.3558 of 1998 and analogous cases. The impugned order indicates that the petitioner was also appointed on recommendation of Dr. A.K.Mallik, the then Deputy Director, Tuberculosis, Bihar Patna. Validity of such appointments had been rejected by the High Court as well as the Apex Court. In this background the prayer of the petitioner for a direction to treat his appointment as valid and allow him to continue on his post with all consequential benefits, cannot be allowed. Rightly the Respondent Civil Surgeon-cum-Chief Medical Officer, Bhojpur at Ara has rejected the claim 3 of the petitioner. Accordingly, this application is dismissed. (Mridula Mishra,J.) A.Kumar