IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.954 of 2007 MANOJ KUMAR, S/O SHRI JEEBACHH NAYAK, R/O VILLAGE MAHARAJGANJ, POLICE STATION MADHUBANI TOWN, DISTRICT MAHUBANI. ……………………PETITIONER. Versus 1.THE STATE OF BIHAR. 2.THE CHIEF SECRETARY, GOVT. OF BIHAR, PATNA. 3.THE COMMISSIONER CUM SECRETARY, DEPARTMENT OF HEALTH GOVT. OF BIHAR, PATNA. 4.THE DIRECTOR IN CHIEF, HEALTH DEPARTMENT, GOVT. OF BIHAR, PATNA. 5.THE DEPUTY DIRECTOR OF HEALTH, DARBHANGA. 6.THE CIVIL SURGEON CUM CHIEF MEDICAL OFICER, MADHUBANI. 7.THE INCHARGE MEDICAL OFFICER, PRIMARY HEALTH CENTRE-GHOGHARDHIA, DISTRICT MADHUBANI. 8.THE INCHARGE MEDICAL OFFICER, PRIMARY HEALTH CENTRE-RAHIKA POLICE STATION, RAHIKA, DISTRICT MADHUBANI. …………………RESPONDENTS. ----------- 03/ 22.07.2011 Having regard to the fact that there is a basic dispute with regard to the very appointment of the petitioner being forged and there is also unsurmountable difficulty for the counsel for the petitioner to explain that in a Primary Health Centre having less than ten class-IV sanctioned posts, there could not have been appointment of more than 100 persons on Class-IV posts as was shown in the Ghoghardiha, Primary Health Centre including that of the petitioner, this Court is of the opinion that the 2 petitioner’s appointment cancelled in the year 1995 can not be adjudicated in writ jurisdiction. Learned Counsel for the petitioner would accordingly seek leave of this Court to withdraw this writ application in order to enable the petitioner to file a civil suit for the declaration of validity of his appointment made by the Incharge Medical Officer, Ghoghardiha. In that view of the matter, this writ application raising jinxed question of fact with a delay of more than 12 years in moving this Court for assailing the order of termination of service of the petitioner is simply permitted to be withdrawn in order to enable the petitioner to avail any other remedy as may be available to him in law. It is however made clear that the petitioner will have no right to move this Court for the same cause of action. With the aforementioned observation and liberty, this application is dismissed as withdrawn. Ranjan (Mihir Kumar Jha, J.)