IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10676 of 2005 KUMARI JYOTI aged about 30 years Daughter of Shri Nathuni Mishra, Wife of Shri Ashok Kumar Tiwari, resident of Village + P.O. Rampura, P.S. Singhwara, District – Darbhanga. ….. Petitioner. Versus 1. THE STATE OF BIHAR. 2. Director-in-chief, Health Services, Bihar, Patna. 3. Civil Surgeon –cum- Chief Medical Officer, Darbhanga. 4. Medical Officer, In-charge Primary Health Centre, Singhwara, District – Darbhanga. ….. Respondents. ----------- 04/ 13.07.2009 Heard learned counsel for the petitioner and learned counsel for the State. This writ application was filed for quashing of Annexure -3, by which the petitioner was directed to refund excess amount paid to him without passing of Hindi Noting and Drafting Examination. By order dated 30.8.2005 passed by this Court the recovery order was stayed. Learned counsel for the petitioner submits that now petitioner has passed the examination and therefore, liberty may be granted to him to file representation before respondent no. 3, Civil Surgeon –cum- Chief Medical Officer, Darbhanga for reconsideration of her case in the light of the fact that she has now passed the Hindi Noting and Drafting Examination. In view of the limited prayer of learned counsel for the petitioner, this writ application is disposed of with - 2 - liberty to the petitioner to file representation before respondent no. 3, Civil Surgeon –cum- Chief Medical Officer enclosing therewith the documents and materials on which she may claim for reconsideration of her case. If such representation is filed before the Civil Surgeon, he shall consider the same and pass appropriate orders within three months. It goes without say that respondent no. 3 shall consider all the materials produce by the petitioner along with her representation for reconsideration of her case and shall pass specific orders in accordance with law. It is made clear that this Court has not expressed any opinion with regard to the merits of the claim of the petitioner which has to be considered by the concerned respondent strictly in accordance with law. DKS/ (J. N. Singh, J.)