IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6250 of 2007 MOHEMMAD JAMAL MUMTAJ, S/O LATE MUMTAJ AHMED, R/O VILLAGE-NAGARDIH, P.O.-NAGARDIH, P.S.-JALAY, DISTRICT-DARBHANGA. ………………………PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH ITS CHIEF SECRETARY, PATNA. 2. THE SECRETARY, DEPARTMENT OF HEALTH, GOVERNMENT OF BIHAR, PATNA. 3. THE DIRECTOR-IN-CHIEF, HEALTH SERVICES, BIHAR, PATNA. 4. THE REGIONAL DEPUTY DIRECTOR, HEALTH SERVICE DIVISION, PATNA. 5. BIHAR PUBLIC SERVICE COMMISSION THROUGH ITS SECRETARY, BEILY ROAD, PATNA. ……………………RESPONDENTS. ----------- 2 13.08.2009 Heard learned counsel for the petitioner and learned Government Advocate no. IX for the respondents as well as learned counsel for the Bihar Public Service Commission. Petitioner has filed this writ application for a direction to the respondents to appoint the petitioner on a vacant post of Health Visitor (T.B.) under the State of Bihar on the basis of merit list prepared by the Bihar Public Service Commission pursuant to an advertisement published in 1997. It is stated that the petitioner appeared in examination and interview and thereafter a final selection list was published by the Bihar Public Service Commission in which the petitioner was at serial no. 3. However, he did not get appointment letter and persons whose names were much below in the merit list have been issued appointment letters. It is also stated that - 2 - petitioner filed representations before the respondents and the last representation of the petitioner was filed on 29.6.2002. When he did not get any response of his two representations, petitioner filed this writ application on 11.5.2007. Learned counsel for the petitioner submits that the petitioner had completed his training from Tuberculosis Association of India during the session 1994-95. It appears that the respondents had some reservations with regard to acceptance of that training certificate from the said institution and the matter came up before this Court in a writ petition preferred by one candidate, namely, Manjit Kumar. The writ application of said Manjit Kumar was allowed by this Court against which the State of Bihar and other functionaries including the Bihar Pubic Service Commission moved in appeal before a Division Bench of this Court which was registered as L.P.A. No. 326 of 2009. Learned counsel for the petitioner produced an order passed in the said appeal on 7.7.2009 from which it appears that the appeal of the State of Bihar and Bihar Public Service Commission was dismissed and the judgment of learned Single Judge passed in the case of Manjit Kumar was affirmed. - 3 - After disposal of the said LPA, it is stated that, petitioner has filed another representation before the concerned authorities on 27.7.2009. He further submits that since the selection process is still going on and vacancies are still available, respondents may be directed to consider the representation of the petitioner so filed on 27.7.2009 enclosing a copy of the order passed by a Division Bench in the said LPA for consideration of the case of the petitioner. Learned Government Advocate No. IX submits that the case of the petitioner can be considered only if the vacancies are still available and the process of selection is still going on and if the authorities are satisfied that any person junior to the petitioner in the merit list has been appointed. Submission of learned Government Advocate no. IX is quite reasonable. In the circumstances, this writ application is disposed of with direction to the respondents to consider the representation of the petitioner said to be filed on 27.7.2009 along with a copy of the order of the Division Bench passed in the said LPA. If the authorities find that juniors to the petitioner in the merit list have been appointed ignoring the case - 4 - of the petitioner on the ground that he had obtained training from the Tuberculosis Association of India they shall re-consider their decision in the light of the judgment of the Division Bench and if appointment process is still continuing and the vacancies are available they shall issue appointment letter to the petitioner. In case the petitioner has not been issued appointment letter on any other ground than of his having obtained certificate from Tuberculosis Association of India the respondents shall intimate the same in clear terms to the petitioner within four weeks from the receipt/production of a copy of this order. The writ application is disposed of thus. Arvind/ (J.N. Singh, J.)