IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.11953 OF 2007 SHEKHAR KUMAR SINHA, S/O SRI MADAN MOHAN PRASAD SINHA, RESIDING AT PASCHIMI CHANDWARI ROAD, JANTA PATH, KANKARBAGH, P.S KANKARBAGH, DISTRICT PATNA. …………………PETITIONER. VERSUS 1.THE STATE OF BIHAR. 2.SECRETARY CUM COMMISSIONER, DEPARTMENT OF HEALTH, BIHAR, PATNA. 3.DISTRICT MAGISTRATE CUM CHAIRMAN, DISTRICT HEALTH SOCIETY, NAWADA. 4.CIVIL SURGEON CUM CHIEF MEDICAL OFFICER CUM SECRETARY, DISTRICT HEALTH SOCIETY, NAWADA. 5. DISTRICT HEALTH SOCIETY, NAWADA THROUGH ITS CHAIRMAN. 6.SANDHAYA KUMARI, W/O SRI UDAY SHANKAR PRAKASH, PRESENTLY POSTED AS DISTRICT PROGRAMME MANAGER, DISTRICT HEALTH SOCIETY, NAWADA, DISTRICT NAWADA. ………………………RESPONDENTS. ----------- 03/ 04.11.2011 Having heard counsel for the parties and taking into account the limited relief which was sought initially by the petitioner as with regard to a direction for issuance of appointment letter and his posting on the post of District Programme Manager in the District Health Society, Nawada, this Court would find it difficult to issue such direction after it has noticed that the petitioner does not fulfill the requisite qualification laid down in the advertisement contained in Annexure-1. The Civil Surgeon cum Chief Medical Officer cum Secretary of 2 the district Health society, Nawada, by an advertisement published in Dainik Jagran, daily newspaper on 2nd of January, 2006 had made it clear that for the post of District Programme Manager, the candidate must possess a post graduate degree in management (MBA/ Administration /Health Management/Social Work/Rural Management). Admittedly, the petitioner has acquired post graduate diploma in Health Management and therefore, when there was no provision for consideration of case of a diploma holder and the minimum requisite qualification was of post graduate degree in different fields of management as specified above, the petitioner cannot claim any right to be appointed on the post of District Programme Manager. The reliance placed by Mr. Sinha, learned senior counsel for the petitioner on some communication of the District Health Society seeking guidelines from the State Health Society or the State Government as with regard to expansion of zone of consideration by also including the diploma holder, cannot again vest any right in the petitioner for being appointed on the post 3 of District Programme Manager, unless the post is re-advertised with lowering the qualification from degree to diploma. Admittedly, that has not been done till now and therefore, the prayer of the petitioner for issuance of a direction for his appointment on the post of District Programme Manager in the district Health Society, Nawada seems to be wholly misconceived. It is however, made clear that as this post was sought to be filled up on contract basis for a period of one year and the period of one year has already been completed, if in future the post in question is advertised by lowering the qualification from degree to diploma, the case of the petitioner may be considered along with others without being influenced by the fact that his present writ application did not succeed. With the aforementioned observation and direction, this application is disposed of. Ranjan (Mihir Kumar Jha, J.)