IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.264 of 2011 DR.SHEO MANGAL MISHRA SON OF LATE SHRI VISHWANATH MISHRA RESIDNET OF J.F.-2, BLOCK 2, FLAT NO. 11, RAJENDRA NAGAR, P.S. KADAMKUAN, DISTRICT PATNA. Versus 1. THE STATE OF BIHAR THROUGH PRINCIPAL SECRETARY, DEPARTMENT OF HEALTH, GOVT. OF BIHAR, PATNA. 2. THE PRINCIPAL SECRETARY, DEPARTMENT OF HEALTH, GOVT. OF BIHAR, PATNA. 3. THE JOINT SECRETARY, DEPARTMENT OF HEALTH, GOVT. OF BIHAR, PATNA. 4. BIHAR PUBLIC SERVICE COMMISSION THROUGH ITS SECRETARY, BAILEY ROAD, PATNA. 5. THE SECRETARY, BIHAR PUBLIC SERVICE COMMISSION, BAILEY ROAD, PATNA. 6. DR. SHYAM SUNDER SINGH SON OF SHRI ALIAR SINGH, RESIDENT OF FLAST NO. 203, SS AD, P.S. SHASTRI NAGAR, DISTRICT PATNA. ----------- For the Petitioner :- Mr. Naresh Dikshit. For the State :- Mr. P. N. Shahi, AAG XIV with Mr. Pritish Kumar For the B.P.S.C. :- M/S. K. B. Nath & S.C. Jha. For Respondent No. 6 :- Mr. Vinay Krishna Tripathi. ----- 3 07/02/2011 The Court is not willing to give any clear direction or order to the respondent authorities to consider the case, so far as the present petitioner is concerned, for his promotion to the post of Director (Indigenous Medicine) in light of the fact that his claim - 2 - will be dependent upon the necessary Rules which I am informed is already in place now. The gazette notification dated 22.12.2010 is annexure-11 to the supplementary affidavit filed on behalf of the petitioner which is a Rule notified under the powers conferred under the proviso to Article 309 of the Constitution of India. This Rule has been put in place to regulate the appointment etc. including service condition of what is known as Ayush Medical Service. Yet another relief which was sought for in the present writ application is for quashing the recommendation made by the Bihar Public Service Commission in favour of private respondent no. 6 for his appointment on the post of Director (Indigenous Medicine). The Court does not want to go into all the details and circumstances why private respondent no. 6 ought not to be appointed lest it created any prejudice in light of the order which this Court is going to pass on this issue. There is evidence on record that there have been long drawn battle and litigation for filling up the post of Director (Indigenous Medicine). Some of the decisions - 3 - rendered by the learned Single Judge and the Division Bench have been annexed with the writ application as annexures- 8 and 9 but behind that litigation there is now a Rule which stands notified by the State. Since recommendation in favour of private respondent was made on 3.12.2010 and the same has not been acted upon by the State, the Rule having come in place, by virtue of which in the opinion of this Court a fresh exercise would be required to be done strictly in accordance with the Rules because the earlier exercise was more than an ad- hoc kind of exercise carried out at the behest of the powers that be without any settled guidelines in this regard. This writ application is disposed of with a direction upon the State Government that they will now take fresh steps for implementation of the Rules and making appointment strictly in accordance with the Rules. What is required to be done in this regard should be done at the earliest within a reasonable time frame so that a mechanism is put in place and the rights which may flow therefrom will flow to the worthy. Annexure-7 is accordingly quashed. - 4 - This writ application is allowed to the extent indicated above. AMIN/ (Ajay Kumar Tripathi, J.)