IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.441 of 2011 3 15.7.2011 Binita Kumari, Daughter of Shri Ram Naresh Prasad Singh, wife of Shri Surendra Prasad Singh, resident of village Madhoul, Tola- Bahram Nagar, P.O. Bhanashpati, P.S. and Via- Runnisaidpur, District Sitamarhi ….. Petitioner/ Appellant VERSUS 1. The State of Bihar through its Secretary, Department of Health, Medical Education & Family Welfare, Bihar, Patna 2. Director-in- Chief, Health Services, Bihar, Patna 3. Civil Surgeon- cum- Chief Medical Officer, West Champaran, Bettiah 4. District Magistrate, West Champaran, Bettiah ….. Respondents/ Respondents -------- Heard learned counsel for the appellant and learned counsel for the State. The appellant/ writ petitioner and some other similarly situated persons whose writ petitions have been heard together and disposed of by the judgment and order under appeal, were below 75 persons selected and appointed to the post of Auxiliary Nurse Midwife (ANM) pursuant to an advertisement in the year 1995. Subsequently in 1998, 19 appointees were removed from service when it could be found that they had produced forged documents at the time of their appointment. The appellant and the writ petitioners claimed right to be - 2 - appointed from the panel of 1995 against the 19 vacancies which occurred in 1998. The respondent State has contested such claim and special emphasis was laid on subsequent rules of 1996 which provide for recruitment to the post in question by selection through Bihar Public Service Commission. The Writ Court held that persons from the panel of 1995 cannot claim right of appointment in 1998 or 2010. The Writ Court has non- suited the writ petitioners on that ground and hence, no decision has been taken as to whether the vacancies occurring in 1998 have to be filled up as per the old Rules or the Rules of 1996. We do not find any illegality in the order of the Writ Court. The appeal is, therefore, dismissed. sk (Shiva Kirti Singh, J.) (Shivaji Pandey, J. )