IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.2078 of 2010 Dr. Shivendra Kumar Shahi SON OF DR. TRIPURESHWAR PRASAD, RESIDENT OF COCTOR”S QUARTER E-3/3, IGIMS, SHEIKHPURA, PATNA -14 P.S. SHASHTRI NAGAR, DISTRICT – PATNA. AT PRESENT POSTED AS PROFESSOR AND HEAD OF DEPARTMENT OF PATHOLOGY AND MICROBIOLOGY CUM MEDICAL SUPRINTENDENT, INDIRA GANDHI INSTITUTE OF MEDICAL SCIENCES, SHEIKHPURA, PATNA (HEREIN AFTER REFERRED TO AS “AS INSTITUTE” Versus 1. THE STATE OF BIHAR IN THE DEPARTMENT OF HEALTH, MEDICAL EDUCATION, FAMILY WELFARE (HEREIN AFTER REFERRED TO AS “THE DEPARTMENT”) THROUGH ITS SECRETARY MR. C.K.MISHRA WHO IS ALSO THE MEMBER SECRETARY , SELECTION COMMITTEE. 2. THE BOARD OF GOVERNORS OF THE INSTITUTE, THROUGH ITS CHAIRMAN, SHRI NAND KISHORE YADAV (MINISTER HEALTH AND FAMILY WELFARE) 3. SHRI C.K. MISHRA, PRINCIPAL SECRETARY, HEALTH DEPARTMENT, GOVT. OF BIHAR, PATNA 4. DR. ARUN KUMAR, DIRECTOR, IGIMS PATNA. 5. DR. UDAI KUMAR, PROFESSOR AND H.O.D. BIOCHEMISTRY, IGIMS, PATNA 6. DR. PREM KUMAR, ADDITIONAL PROFESSOR, RADIOLOGY, IGIMS PATNA 7. DR. ASHOK KUMAR, ASSISTANT PROFESSOR, IGIMS DEPARTMENT OF NEUROLOGY,IGIMS, PATNA ---------------------------------- 07. 20.12.2011 Heard learned counsel for the petitioner, Mr. Lalit Kishore, Senior Advocate assisted by Mr. Sunil Kumar Singh, advocate appeas on behalf of the Opposite Party No. 4 and Assistant Counsel to Additional Advocate General No. 2 for the State. This application is filed for initiating a contempt proceeding for the alleged violation/disobedience of the order dated 8th of April 2003 passed in C.W.J.C. No. 406 of 2003 (Annexure-1). 2 Learned counsel for the petitioner submits that even though the order passed was long away, however, uptil now the concerned opposite parties are circumventing the order somehow or the other so that the petitioner may not get justice. Notwithstanding the above, it is further submitted that for the acts of the disobedience, they are liable to be punished. It is further submitted that flagrant violation of the order is serious contempt of court as has been held by the Apex Court in the case reported in 2011 (7) Supreme, Page 75. Learned counsel appearing for the Opposite Party No. 4 submits that the present contempt application has been filed in the year 2010 alleging non-compliance of the order passed on 08.04.2003 and is being pursued merely to keep the litigation pending somehow or the other. In this connection, it has submitted that in connection with the appointment of the Medical Superintendent of IGIMS, Patna, subsequently a writ petition was filed by the petitioner ventilating his grievance with respect to the advertisement issued for appointment on the said post vide C.W.J.C. No. 12125 of 2010 Petitioner, however, against the said advertisement, applied and took the chance of his appointment. The advertisement issued for selection and appointment of the Medical Superintendent was assailed by the petitioner vide 3 C.W.J.C. No. 12125 of 2010. This court as per the order dated 06.09.2010, (Annexure-9) took into consideration the order dated 08.04.2003 passed in C.W.J.C. No. 406 of 2003 (the order under contempt) and directed that if final appointment of Medical Superintendent has not been made, the same may not be made till further orders, however, the said order was modified by order dated 14.12.2010 passed in C.W.J.C. No. 12125 of 2010 (Annexure-10) and the respondents were permitted to go ahead with the process of appointment. The said writ application was however, finally disposed of by order dated 03.03.2011 as stated in paragraph 8 of the supplementary affidavit. This court while disposing of the writ petition observed that in view of the submissions made as also indicated in the counter affidavit filed on behalf of the IGIMS, Patna for selection process has been almost completed as interviews have been held and the recommendations forwarded in a sealed cover for consideration and final decision of the Board of Directors, the present writ application has lost its meaning. The final decision of the Board of Directors will be a fresh cause of action, if after decision, the petitioner still have any grievance, he may approach the court afresh. Pursuant to the said order, the Board of 4 Governors of the IGIMS, Patna took a decision and selection was made for appointment on the post of Medical Superintendent. The same was assailed by the petitioner by filing a fresh writ petition vide C.W.J.C. No. 10084 of 2011. The same is being heard in the admission matter. In the above circumstances, it is submitted that this contempt application deserves to be dismissed. Considering the submissions of the parties and their respective pleadings/affidavit, it is not in dispute that the order under contempt was with respect to the appointment of Medical Superintendent and the same matter was again agitated by the petitioner by filing a fresh writ petition which was disposed of by order dated 03.03.2011 (Annexure-11), pursuant to which, the appointment was completed and made. The petitioner again assailed the said appointment by filing a fresh writ petition vide C.W.J.C. No. 10084 of 2011. It is not in dispute that the said writ application is currently being heard in the admission matter. In this view of the matter, I am not inclined to proceed further in the matter and the same stands disposed of. However, this court is not expressing any opinion on the merits of the appointment in question. Jagdish (Shailesh Kumar Sinha, J.)