IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5799 of 2003 1. Laxmi Kumari, Wife of Basudeo Prasad, Resident of Village Dariapur, P.O. Parsadiha, District Nalanda. 2. Rajani Kanti Devi, Daughter of Sri Ramadhar Pd. 3. Dharmashila Kumari, Daughter of Sri Sadhu Mahto. Both resident of Village Brahmaganj, P.S. Hilsa, District Nalanda. 4. Indu Kumari, Daughter of Dwarika Prasad, Resident of Village Ajnaura, P.S. Noorsarai, District Nalanda. 5. Shobha Sinha, Wife of Umesh Kumar, Resident of Mohalla Gyaneshwwar Printing Press Dwarika Sao Lane, Mussalahpur Hat, District Patna. 6. Sujata Kumari, Wife of Sri Kumar Ratan Sinha, Resident of Village Jogia, P.O. Chandi, District Nalanda. 7. Sobha, Daughter of Raghu Nandan Paswan, Resident of village Mahakar Ke Bigha, P.S. chand, District Nalanda. 8. Manju Kumari, Daughter of Mahabir Prasad, Resident of Village Govanpura, P.O. Dayalpur, District Nalanda. 9. Sushila Kumari, Daughter of Kishori Prasad, Resident of Village Daulochak, P.S. Giriak, Distt. Nalanda. 10. Nilam Kumari Sinha @ Nilam Kumari, Daughter of Baleshwar Prasad, Resident of Village Daulachak, P.S. Giriak, District Nalanda. 11. Nisha Kumari, Wife of Raj Nandan Prasad, Resident of Village Mahamadpur, P.S. Asthawa, District Nalanda. 12. Sabita Kumari, Daughter of Sri Dular Chand Prasad, Resident of Village Salalpur, P.S. Daniyawa, District Patna. 13. Sripati Kumari @ Saripati Kumari, Daughter of Parsadi Mahto, Resident of Village Chandasi, P.S. Noorsarai, District Nalanda. 14. Gayanti @ Gayatri Kumari, Daughter of Fagu Mahto, Resident of Mohalla Indranagar, P.S. Patli Potra, District Patna. 15. Kumari Renu Sinha @ Kumari Renu, Daughter of Sri Chhotan Prasad, Resident of Village Gadanpura, P.O. Chandi, District Nalanda. 16. Punam Kumari, Daughter of Ranvijay Pratap Singh at present Mohalla Indranagar, P.S. Patliputra Distt. Patna. 17. Karuna Kumari, daughter of Chandrasen Prasad Singh, at present Mohalla Indranagar, P.S. Patliputra, District Patna. 18. Mintu Kumari, daughter of Ram Singh, at present Mohalla Indranagar, P.S. Patliputra, District Patna. -------- Petitioners Versus 1. The State of Bihar. 2. The Commissioner cum Secretary, Health Medical Education and Family Welfare Department, Govt. of Bihar, Patna. 3. The Additional Commissioner cum Special Secretary, Health Medical Education and Family Welfare Department, Govt. of Bihar, Patna. 2 4. The Director in Chief, Health Medical Education and Family Welfare Department, Govt. of Bihar, Patna. 5. The Chairman, Bihar Public Service Commission, Bailly Road, Patna. -------- Respondents ----------- 3 12.08.2010 Heard learned counsel for the petitioners and counsel for the State as also counsel for the Commission. The prayer of the petitioners in this writ application reads as follows:- “1. That this application is being filed for issuance of an appropriate writ or writ commanding the respondents to appoint the petitioners on the post of Auxiliary Nursing Midwife (A.N.M.) as peer the general direction given by this Hon’ble Court in C.W.J.C. No. 6870 of 1996 along with analogous application disposed of 25th July 1997 as well as in the light of observation made in M.J.C. No. 2340 of 1998.” In view of the fact that the appointment of Nurses (Auxiliary Nursing Midwife) had to be made through a competitive examination to be conducted by the Bihar Public Service Commission and subsequently by Staff Selection Commission, the prayer of the petitioners for direct appointment on the basis of marks obtained by them in the Training Examination cannot be entertained. 3 At this stage, counsel for the petitioners would submit that the petitioners waiting the result of this application may have become over-age for appointment to be made by the Government through the recommendation of the Commission and therefore, they may be allowed for relaxation of age whenever such advertisement is issued. In the opinion of this Court, since the petitioners were legitimately waiting the result of this case, this much has to go in their favour that as and when the post of A.N.M. would be advertised henceforth, they will be entitled for relaxation of age for the period this writ application had remained pending i.e. from 19.5.2003 to the date of this day i.e. 12.8.2010. This relaxation, however, will be given to them only once in the next advertisement and will not become available if they do not apply. That being so, this application has become infructuous and the same is dismissed accordingly. Rsh (Mihir Kumar Jha, J.)