IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14642 of 2007 Dr. Madhukar, son of Shri Shyamanand Sahay, R/o Mohalla Devi Asthan Lane, Chiraiyantar, P.S. Jhakanpur, Dist. Patna. --------- Petitioner Versus 1. The State of Bihar through the Secretary, Health Department, Govt. of Bihar, Patna. 2. The Secretary, Health Department, Govt. of Bihar, Patna. 3. The Joint Secretary, Health Department, Govt. of Bihar, Patna. 4. Director in Chief, Health Services, Bihar, Patna. ------- Respondents ----------- 2 24.11.2011 No one appears on behalf of the petitioner. The very fact that the petitioner has prayed for a direction for appointment on the post of Medical Officer in the Bihar Health Service on the basis of his being a candidate in the 2nd Bihar Health Service (Basic Grade) Exam.- 1989, would make this writ application filed on 19.11.2007 to be wholly belated. Counsel for the State, with the help of the counter affidavit, would submit that the name of the petitioner was never recommended by the Bihar Public Service Commission and as such, there was no question of his being appointed at the relevant point of time. Once this aspect would become clear that the petitioner was a mere candidate who was neither selected nor recommended by the Bihar Public Service Commission, a fact asserted by 2 the respondents in their counter affidavit and not denied by the petitioner despite service of the copy of the counter affidavit on the counsel for the petitioner on 1.9.2010, would leave nothing for speculation that this writ application is wholly misconceived writ application. This writ application is, accordingly, dismissed. Rsh (Mihir Kumar Jha, J.)