IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14613 of 2009 1. VISHWA NATH BHARTI S/O PROF. NAGENDRA NATH RESIDENT OF VIKRAMSHILA COLONY RAMSAR,P.S KOTWALI, DISTT- BHAGALPUR 2. ASHIT KUMAR S/O SRI ANANDI PRASAD SAH VILL KASAMAVAD, P.S SULTANGANJ, DISTT- BHAGALPUR Versus 1. THE STATE OF BIHAR 2. THE DIRECTOR, HEALTH SERVICES BIHAR, PATNA 3. THE EXECUTIVE DIRECTOR, THE STATE HEALTH SOCIETY BIHAR, PATNA 4. THE DISTRICT HEALTH SOCIETY THROUGH ITS CHAIRAMAN 5. THE DISTRICT MAGISTRATE- CUM- CHAIRMAN, DISTRICT HEALTH SOCIETY BHAGALPUR 6. THE CIVIL SURGEON - CUM- MEMBER SECRETARY, DISTRICT HEALTH SOCIETY BHAGALPUR 7. THE A.D.M. BHAGALPUR 8. THE DEPUTY DEVELOPMENT COMMISSIONER BHAGALPUR 9. THE DISTRICT PROGRAMME MANAGER BHAGALPUR 10. MD. JAWAID S/O MD. MANJAR HABIB VILL SAHIL BARAHPURA, P.S AND DISTT- BHAGALPUR 11. SRI SHAILENDRA KUMAR S/O SADHU CHARAN PAL RESIDENT OF NEW MANPURA COLONY, DANAPUR CANTT, P.S DANAPUR, DISTT- PATNA ----------- 02/ 10.02.2010 Heard learned counsel for the petitioners and counsel appearing for the State. Prayer in the writ application is for quashing of the notification/advertisement published in daily news paper Hindustan dated 22.7.2009 inviting applications from eligible persons for the post of Health Manager, for a direction to the respondents to consider the cases of the petitioners for appointment on the post of Health Manager and for quashing of the order contained in letter dated 31.8.2009 vide Memo No. 852, whereby respondent nos. 10 and 11 have been appointed on the post of Health Manager. - 2 - The Advertisement has been challenged by the petitioners on the ground that for the post of Health Manager, erroneously in the eligibility criteria MBA degree and diploma have been included, as such advertisement should be quashed. Only persons holding degree in Hospital Management and Health Management should have mentioned as eligibility to apply for the post. Plea taken by the petitioners, for quashing the advertisement, is rejected for two reasons:- Firstly the advertisement was not challenged by the petitioners at the earliest point. They participated, all through the selection process, and only on completion of selection process when the petitioners were not selected, they have challenged the advertisement. At this juncture, their prayer cannot be entertained. The second reason for rejecting this prayer is that the post for appointment of Health Manager was advertised, in compliance and guidelines mentioned in the policy decision of the State Govt. Annexure- A to the counter affidavit is the State Health Societies Bihar resolution. There the qualification for Health Manager’s post is similar as it is mentioned in the - 3 - advertisement. There is no variation from that and there is no reason for entertaining the ground taken by the petitioners for assailing the advertisement, it is rejected. The second prayer of the petitioner regarding cancellation of the appointment of respondent nos. 10 and 11 for the post of Health Manager is also not sustainable for the reasons that the marks obtained by the candidates including the petitioners have been annexed in the counter affidavit of State as Annexure-B. In this list, petitioner no. 2 Ashit Kumar at serial no. 5 has obtained 22 marks and petitioner no. 1 Vishwa Nath Bharti is at serial no. 50 has obtained 20 marks. However, respondent no. 10 at serial no. 36 has obtained 44 marks and respondent no. 11 at serial no. 32 has obtained 36 marks. Both the respondents have obtained highest marks than the petitioners. I do not find any illegality or irregularity in the selection of the respondents for the post of Health Manager. Accordingly, this writ application is dismissed. DKS/ (Mridula Mishra, J.)