IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9055 of 2011 DR.ABHAY KUMAR SINHA, S/OSRI 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 PRINCIPAL SECRETARY, DEPARTMENT OF HEALTH, MEDICAL EDUCATION AND FAMILY WELFARE, GOVERNMENT OF BIHAR, PATNA. 3.THE ADDITIONAL SECRETARY, DEPARTMENT OF HEALTH, GOVERNMENT OF BIHAR, PATNA. 4.THE DIRECTOR IN CHIEF, HEALTH SERVICES, GOVERNMENT OF BIHAR, PATNA. 5.DR. HEMSHNAKAR SHARMA, S/O 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. MAHAVIR THAKUR, S/O LATE MARKANDEY THAKUR, PRESENTLY POSTED AS MEDICAL OFFICER IN PRIMARY HEALTH CENTRE, MANIGACHHI, DISTRICT DARBHANGA. 7.DR. VIJAY KUMAR SINGH, S/O NOT KNOWN TO THE PETITIONER, PRESENTLY POSTED AS TUTOR, DEPARTMENT OF PHYSIOLOGY SHRI KRISHNA MEDICAL COLLEGE AND HOSPITAL, MUZAFFARPUR. 8.DR. RAUSHAN KUMAR, S/O NOT KNOWN TO THE PETITIONER, PRESENTLY POSTED AS MEDICAL OFFICER IN PRIMARY HEALTH CENTRE NAUKOKHE, DISTRICT BEGUSARAI. 9.DR ANAND GOPA, S/O NOT KNOWN TO THE PETITIONER, R/O C/O DR. KUMARI PRIYA, DEPARTMENT OF OBS & GYANAE, PATNA MEDICAL COLLEGE AND HOSPITAL, TOWN AND DISTRICT-PATNA. 10.DR. PANKAJ MOHAN SRIVASTAWA, S/O NOT KNOWN TO THE PETITIONER, PRESENTLY POSTED AS R.N.T.C.P.D.M.C.H., DARBHANGA, DISTRICT DARBHANGA. 11.DR. KUMAR SAURABH, S/O NOT KNOWN TO THE 2 APATMENT, ABU FAZAL ENCLAVE-1, OKHLA, NEW DELHI-110025. 13.DR. AJAY KUMAR, S/O NOT KNOWN TO THE PETITIONER, R/O C-86, 1ST FLOOR, MAHEDNRU ENCLAVE, G.T. CARNAL ROAD, NEW DELHI. ………………………………RESPONDENTS. ----------- 02/ 20.05.2011 Having heard counsel for the parties and taking into account that there was a specific direction by this Court in the earlier writ petition filed by the petitioner in C.W.J.C NO.5742 of 2011 to consider the objection of the petitioner in the following terms:- Let the petitioner file such an objection within a week from today. Respondent no. 1, Principal Secretary will thereafter get the matter 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.’ his grievance that the impugned order appointing senior Respondents as contained in Annexure-1 dated 10.05.2011 has been issued without considering his objection has to be looked by the competent authority. The petitioner in this regard has asserted that his case was not considered by 3 Amanullah however has got no instruction on this issue, as the case has appeared today for the first time. One thing however, is clear from the reading of the order dated 20.04.2011 in C.W.J.C NO. 5742 of 2011 filed by the petitioner earlier, that not only a decision was to be taken by the Principal Secretary Health in terms of the objection filed by the petitioner but such decision had to be also communicated to the petitioner and therefore, if the petitioner has not been communicated such decision, he may be correct that the impugned order contained in Annexure-1 appointing 50 persons on the post of Senior Residents in Medicine Department has been done without considering his objection as directed by this Court. Be that as it may, this Court would direct respondent no. 2 to consider the objection of the petitioner, if not already considered and pass a reasoned and speaking order within a period of one month, in terms of the earlier direction of this Court dated 4 objection of the petitioner is sustained and he is found fit for being appointed on the post of Senior Resident in Medicine Department, the Principal Secretary Health will be under an obligation to appoint him as a Senior Resident irrespective of the fact that others have been already appointed. With the aforementioned observation and direction, this application is disposed of. Ranjan (Mihir Kumar Jha, J)