IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15263 of 2009 Ramadhar Singh, S/O Late Chandrika Singh, R/O Mohalla- Pali, Ward No.14, P.S.- Dehri, P.O.- Dalmianagar, Distt.- Rohtas. -------- Petitioner Versus 1. The State of Bihar. 2. The Commissioner cum Secretary, Department of Health, Govt. of Bihar, Patna. 3. Director, Health Services, Bihar, Patna. 4. Bihar Public Service Commission through its Secretary, Bailey Road, Patna. -------- Respondents ----------------- For the Petitioner :- Mr. Ashok Kumar, Adv. Mr. Subash Chandra Yadav, Adv. For the B.P.S.C. :- Mr. Ashok Kumar Chaudhary, Adv. For the State :- Mr. Anil Kumar Singh, AC to SC-VI ---------------- 5 13.12.2011 Having heard learned counsel for the parties, this Court would find that the grievance of the petitioner is actually based on a plea of discrimination. The petitioner claims that when he was recommended by the Bihar Public Service Commission for being appointed on the post of B.C.G. Technician, he was not selected and appointed in course of verification of his certificate and testimonials on the basis that he did not possess the requisite qualification of having undergone training in a recognized government institute. He would submit that the petitioner had completed his training from District Tuberculosis Center, Arrah and 2 Charpokhari, Bhojpur and that alike him Surendra Kumar Singh and Upendra Kumar Singh, both sons of Deonandan Singh, had also obtained training from Zila Yakshma Kendra, Arrah but, in their case, the certificates produced by them at the time of verification pursuant to the recommendation of the Commission were accepted and they were also appointed on the post of B.C.G. Technician. Unfortunately, all these are matters of speculation, inasmuch as, in the writ application, the petitioner has not said a word about his place of training and the respondents also have not controverted the plea of discrimination as with regard to Surendra Kumar Singh and Upendra Kumar Singh. The reference made by the petitioner to a rejoinder affidavit will be hardly of any avail, inasmuch as, the same is not in conformity with the High Court Rules. In such a situation, when the facts are themselves yet to be ascertained, this Court would find it necessary to direct the Director-in-Chief to look into the said grievance of the petitioner from two angles, namely:- 3 (i) Whether the advertisement, in question, having said only about training to have been undergone from a Government institute, could the Zila Yakshma Kendra, Arrah be treated as a Government institute capable of imparting training. (ii) If such Zila Yakshma Kendra is not a Government institute, have others including Surendra Kumar Singh and Upendra Kumar Singh, been appointed as B.C.G. Technician, while rejecting the case of the petitioner. If the Director-in-Chief would find that Zila Yakshma Kendra, Arrah, from where the petitioner is said to have acquired the training, is covered by the advertisement and Surendra Kumar Singh and Upendra Kumar Singh came to be appointed on that basis alone, he would also allow the case of the petitioner but, if it is found that the Zila Yakshma Kendra, Arrah is not a recognized training centre in terms of the advertisement and thus not a Government institute as contemplated under it, he would definitely reject the case of the petitioner but, at the same time, would also give similar treatment to Surendra 4 Kumar Singh and Upendra Kumar Singh provided that their appointment has been made only on the basis of their training to have been undergone from Zila Yakshma Kendra, Arrah. It is also made clear that the Director-in-Chief, before taking any adverse decision against the two persons, namely, Surendra Kumar Singh and Upendra Kumar Singh, must give an opportunity to show-cause as also personal hearing. The Director-in-Chief must dispose of the representation of the petitioner to be filed along with a copy of this order within a period of six months. With the aforementioned observations and direction, this application is disposed of. Rsh (Mihir Kumar Jha, J.)