IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9633 of 2002 1.GIRIJA NAND ROY son of Shri Ram Raksha Roy, resident of village bishunpur, P.S. Bandhu Chapra, P.S. Bandhu Chapra, District Bhojpur. 2.Satyendra Kumar Son of Sri Musafir Singh, resident of village Nirpura, P.S. Phulwarisharif, District Patna. Versus 1.THE STATE OF BIHAR 2.The Commissioner-cum-secretary, Health Department, Government of Bihar, New Secretariate, Bailey Road, Patna. 3.The Director-in-chief, Health Services, Directorate of Health Services, Government of Bihar, Patna. 4.The Deputy Director, Health Service, Directorate of health Services, Government of Bihar, Patna. 5.The Principal, Patna Medical College, Patna. ----------- 4 21/6/2010 No one appears for the petitioners. Prayer made in this writ application is only to the effect that the respondents be directed to appoint the petitioners on Class-III or Class IV posts in Patna Medical College pursuant to the advertisement and Government decision dated 2.6.2001 and 24.4.2001. With reference to the aforementioned relief the respondents have filed counter affidavit wherein it has been stated that the issue in hand has been settled by this Court in a large number of cases including C.W.J.C. NO.8347 of 1994, 9701/96. 5113/98 and its analogous cases as has been explained in paragraph 4 of the counter affidavit. Thus, it would be clear that the petitioner’s case also gets covered by the aforementioned case as also explained in paragraph 4 of the counter affidavit which for the sake of clarification is quoted hereinbelow:- 2 “That in reply to statement made in paragraph no.3 of the writ petition, it is submitted the points of law formulated in support there of being wholly misconceived and is fit to be rejected. The points raised by the petitioners have already been explained and discussed in similarly situated C.W.J.C. No.8347/94, Durga Kumari Vs. State and others 9701/96, Ajay Prasad Yadav and others Vs. State C.W.J.C. NO.5113/98, Rajesh Kumar Gupta & others Vs State, MJC No. 1424/98, Pappu Kumar Vs State, LPA 370/2000 State Vs Rajesh Kumar Gupta and others SLP No.649/2001, Rajesh Kumar Gupta Vs State & Ors and again in C.W.J.C. No.8076/2002, Gopal Prasad and others, Vs State and others. All the above mentioned writs, except 8076/2002 for which no order seems to have been passed by Hon’ble High Court as yet and is still pending before the Hon’ble High Court have been dismissed as these were not maintainable in the eye of law, Copies of the order passed by the Hon’ble High Court and Hon’ble Supreme Court on different dates have been made available by the petitioners themselves as annexures of the instant writ.” Recording the aforementioned statements this application is also dismissed. Abhay Kumar ( Mihir Kumar Jha, J.)