IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.9538 OF 2005 BIHAR STATE UNEMPLOYED AYURVEDIC DOCTORS ASSOCIATION THROUGH ITS MEMBER RUDRA PRATAP SINGH, SON OF LATE SURYADEV NARAYAN SINGH, POST OFFICE NEAR NEW POLICE STATION DUMRAON, DISTRICT BUXAR ……………………………………………………………………….PETITIONER VERSUS 1. THE STATE OF BIHAR THROUGH HTHE COMMISSIONER CUM SECRETARY, HEALTH MEDICAL EDUCATION AND FAMILY WELFARE DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 2. THE DIRECTOR, INDIGENOUS MEDICINE, HEALTH MEDICAL EDUCATION AND FAMILY WELFARE DEPARTMENT, BIHAR, PATNA 3. THE DEPUTY SECRETARY TO THE GOVERNMENT HEALTH, MEDICAL EDUCATION AND FAMILY WELFARE DEPARTMENT, BIHAR, PATNA 4. THE BIHAR PUBLIC SERVICE COMMISSION THROUGH ITS CHAIRMAN, BAILEY ROAD, PATNA ……………………………………………………………………….RESPONDENTS ******** 3 21/01/2011 The petitioner is claiming appointment on the post of the Ayurvedic Medical Officer against the Advertisement No. 35 of 1997 issued by the Bihar Public Service Commission. The petitioner appeared before the Bihar Public Service Commission and was not shortlisted and notified for appointment. Relying on a decision of this Court as contained in Annexure-4, passed in CWJC No.11678 of1998, disposed of on 16.03.1999, learned Counsel for the petitioner submits that this Court had disposed of the writ application with an observation that the State may consider, if it is so advised, for filling up the posts of Ayurvedic Medical Officer as there are vacancies of the said posts. This order was issued on 16.03.1999. More 2 than a decade has passed and the State Government has perhaps not considered it proper to re-advertise for the post. This Court cannot give any direction to the State to advertise for filling up the particular post. This is the view taken by the Court in CWJC No. 11678 of 1998. Learned Counsel for the State submits that some persons similarly situated to the petitioner had come before this Court and filed CWJC No. 12065 of 1999. It was submitted in the aforesaid writ application that the posts should be de-reserved and should be allotted to the general category. The Court had rejected the plea. In view of the aforesaid two decisions of this Court, I find that no relief can be granted to the petitioner by giving a direction to the State Government to consider the case of the petitioner or to fill up the vacancies after a decade of the issuance of Advertisement No. 35 of 1997. This writ application is accordingly dismissed. Anand ( Sheema Ali Khan, J. )