IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7888 of 2008 Vijay Prasad Chaurasiya, son of Late Dilip Prasad Chaurasiya, resident of village Sijhooni, P.S. Sikandara in the district of Jamui. ……………… Petitioner Versus 1.The State Of Bihar through the Secretary-cum- Commissioner, Health Department, Govt. of Bihar, Patna 2.The Director-in-Chief, Health Department, New Secretariat, Bihar, Patna 3.The Deputy Director (T.V.) Health Department, Sultanganj, Bihar, Patna 4.The Regional Deputy Director, Health Department, Magadh Division, Gaya 5.The Medical Officer, Primary Health Centre, Kutumba, Aurangabad. ……………… Respondents ---------------------------------- For the Petitioner : Mr.Shyam Sundar Pandey, Adv. For the State : Mr. R.R.Tiwari, A.C. to AAG-2 ---------------------------------- 4. 12/10/2011 Petitioner was appointed on Class IV post in 1989 by the then Deputy Director, Health Services (Tuberculosis) Dr.A.A.Mallik. Large scale fraud was detected in the appointments made by him and the same were cancelled which led to a series of litigations in this Court and the Apex Court. The Apex Court disposed of appeals with certain directions to the State Government for holding fresh process of selection and appointment on the vacancies in which credentials of such appointees had also to be scrutinized. The Apex Court directed that if no statutory body comprising of high ranked 2 officers for appointment on Class III and IV posts was in vogue, the State was to constitute a fresh Committee of three members. Since Bihar Public Service Commission (hereinafter referred to as `the Commission’) was functioning in the State, the State Government considered it appropriate to engage the Commission for appointment and scrutiny of the credentials of such appointees. Accordingly, the Commission took up the exercise of recruitment and issued notice in the newspapers for such appointees to appear for examination of their credentials. It is submitted on behalf of the petitioner that no notice was given to him and he was not called for scrutiny of his credentials. Accordingly, he moved this Court through C.W.J.C.No.2594 of 2004. The said writ application was permitted to be withdrawn by this Court by order dated 10.1.2006 with an observation that if the petitioner files representation before the authorities, the same should be disposed of in the light of the order passed by the Hon’ble Supreme Court. Accordingly, 3 petitioner filed a representation which has been considered and disposed of by the Director-in-Chief, Health Services, vide his order dated 19.6.2007. The Director-in-Chief has found that the petitioner’s name does not figure in the category of candidates recommended by the Commission for appointment. Hence, there was no question of his appointment and his representation was therefore rejected. It is the own case of the petitioner that he did not appear before the Commission for scrutiny of his credentials as was directed by the Apex Court. The ground for same is that no notice was given to him and he was not asked to appear for the purpose. This Court does not find this ground tenable as it is not disputed that a general notice was published by the Commission in the newspapers calling all the candidates to appear before it for scrutiny of their credentials. If the petitioner did not appear before the Commission, it was his own fault. Hence, no benefit of the same can be given to the petitioner. In the circumstances, this Court finds 4 that the representation of the petitioner has been rightly rejected by the Director-in- Chief, Health Services by the impugned order. Hence. this Court does not find any merit in the writ application. It is accordingly dismissed. Pradeep/ ( J. N. Singh,J.)