IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2159 of 2007 Dhruva Kumar Singh, son of Bishnu Dev Prasad Singh, resident of village-Chilkawar, P.O. Manjhouni, Police Station- Rajoun, District- Banka. --------Petitioner Versus 1. The State of Bihar. 2. The Special Secretary, Health-cum-Executive Director State Health Samittee, Bihar Pariwar Kalyan Bhawan, Sheikhpura, Patna-14. 3. The Health Commissioner, Govt. of Bihar, New Secretariat, Patna-1. 4. The District Magistrate, Bhagalpur. 5. The Civil Surgeon, Bhagalpur. --------Respondents ----------- 3 16.09.2010 Having heard learned counsel for the petitioner and counsel for the State, this Court, as with regard to the following prayer of the petitioner:- “1. That this is an application for issuance of an appropriate writ/direction or order directing the respondents to appoint the petitioner on the post of Doctor, who is fully entitled and possessed the required qualification as per advertisement published in Hindustan Newspaper dated 1.1.2007 and also direct the respondents to appoint the petitioner as per reservation policy decided by the Government of Bihar for Handicapped/disable persons.” must hold that when no person having secured lesser marks than the petitioner has been 2 appointed in terms of the advertisement, in question, there would be no question of any discrimination or arbitrariness in the appointment made by the District Health Society, Bhagalpur. The respondents, in terms of the order of this Court dated 26.8.2010, have filed an exhaustive supplementary counter affidavit, wherein, apart from other things, they have enclosed entire list of the candidates with the percentage of marks and from the same, it becomes clear that none in the General Category has been appointed who had obtained less than 50.5% marks as claimed to have been secured by the petitioner in the M.B.B.S. examination. Normally having found that the last candidate in the General Category was appointed with 52.667% of marks and the petitioner having secured only 50.5% could have straightway closed the issue but then, in all fairness to the submission of learned counsel for the petitioner, this Court must also note his another submission as with regard to the petitioner belonging to physically disabled category. It has to be 3 noted that in the reservation that was followed for scheduled caste, scheduled tribe, backward category, most backward category, there was no other provision for reservation of physically handicapped category. The norms of selection of the advertisement for that purpose may be bad but when the petitioner was well aware that there was no reservation for Physically Handicapped Category, he cannot, after appearing in the selection, challenge the result or the consequential appointment on the ground of his being not selected and appointed by giving him special category of physically handicapped. Once the petitioner had appeared in terms of the advertisement and that too in walk-in-interview, he had to abide by the terms and conditions of the advertisement, whereby and whereunder, he was candidate of General Category and, as quoted above, none having secured lesser marks to him, has been appointed in the General Category. That should be the end of the matter and this writ application is accordingly dismissed. Rsh (Mihir Kumar Jha, J.)