IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10822 of 2007 Rajani Bala, D/o Sri Satyadeo Prasad, resident of Jagarnath Tayer, Indraprastha Market, First Floor, Sohsarai, P.S. Sohsarai, District Bihar Sharif (Nalanda) … Petitioner Versus 1. The State Of Bihar through its Chief Secretary, Old Secretariat, Patna 2. Director, Bihar State Health Services, Old Secretariat, Patna 3. District Magistrate cum Chairman Rogi Kalyan Society, Nalanda 4. Civil Surgeon cum Member Secretary, District Health Society, Nalanda 5. Additional Chief Medical Officer, Nalanda 6. Executive Director, Rajya Health Society Family Welfare Bhawan, Sheikhpura, Bihar, Patna 7. Block Development Officer cum Chairman, Rogi Kalayan Society, Noor Sarai, Nalanda 8. Secretary, Rogi Kalyan Society, Noorsarai, Nalanda … Respondents ---------------------------------- 2. 21.10.2011 No one appears for the petitioner. Counsel for the State is present. From the perusal of the record it becomes clear that the petitioner’s appointment as a Health Manager in the District Health Society, Nalanda was made on the basis that he belongs to the Backward category and was not covered by the Creamy Layer. The petitioner, however, on being asked to produce such a certificate of her being not covered by the Creamy Layer had fairly not only accepted the fact that she belonged to Creamy Layer but had also filed an affidavit stating that her parents were covered by the Creamy Layer. Once this aspect becomes clear that the petitioner could not avail the provisions of reservation on account of being ineligible due to Creamy Layer factor there would be no difficulty in coming to the conclusion that there is no error in the order terminating the service of the petitioner. 2 That being so, this application seems to be wholly misconceived and is accordingly dismissed. (Mihir Kumar Jha,J.) Surendra/