IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2649 of 2010 MD. FAKHIR USMANI S/O MD. SALIM R/O MOHALLA- DUMDUMA, P.O. & P.S. LAHERIASARAI, DISTT.- DARBHANGA, BIHAR Versus 1. THE STATE OF BIHAR THROUGH ITS PRINCIPAL SECRETARY HEALTH DEPARTMENT, BIHAR, PATNA 2. COMMISSIONER-CUM-SECRETARY HEALTH DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 3. DIRECTOR DEPARTMENT OF HEALTH, GOVERNMENT OF BIHAR, PATNA 4. EXAMINATION CONTROLLER FOR CONTRACT APPOINTMENT ON THE POST OF O.T. ASSISTANT/LAB TECHNICIAN DEPARTMENT OF HEALTH, GOVERNMENT OF BIHAR, PATNA 5. NODAL OFFICER STATE HEALTH COMMITTEE, HEALTH DEPARTMENT, BIHAR, PATNA 6. THE EXECUTIVE DIRECTOR STATE HEALTH COMMITTEE, BIHAR, PATNA ----------- 7/ 14.05.2010 I.A. No.1976 of 2010 with C.W.J.C. No. 2649 of 2010. Heard counsel for the petitioner and the counsel appearing for the State. Counter affidavit has been filed on behalf of the State. Petitioner has applied for the post of O.T. Assistant in the Health Department of Government of Bihar. The application was filed by the petitioner for appointment on the post in pursuance to the advertisement, issued by the respondent-State for appointment against 64 sanctioned posts. The petitioner was issued admit-card, he appeared in the examination and finally, he was selected for the post. He has submitted all his certificates before the respondents at the time of counselling but appointment letter was not issued to the petitioner, for the reason that his certificate of Diploma in 2 professional course from Aligarh Muslim University, Uttar Pradesh was required to be verified, whether this university is a recognized university of the State of Uttar Pradesh and the degree is genuine. Petitioner’s grievance is that in the name of verification, till date, appointment letter has not been issued in his favour. I find that the candidates were selected for the post with the petitioner has already been joined on the post. Counsel for the petitioner has drawn my attention towards this fact that the panel of selected candidates is valid up to 31.03.2010 itself, since the delay has been caused in the name of verification by the respondents themselves, the necessary steps be taken by them for validation of the panel so far the petitioner is concerned. In the counter affidavit filed by the State, it is mentioned that in order to verify the certificate of the petitioner, a letter had been sent to the Secretary, Health Department, Government of Uttar Pradesh by the Secretary, Health Department, Government of Bihar, on 12.10.2009, but there was no response. Again, a reminder has been sent, vide letter No. 13166 dated 25.11.2009. The appointment letter is not being issued to the petitioner, awaiting the report from the State of Uttar Pradesh. Petitioner’s case is that Aligarh Muslim University is a recognized university and in the name of verification, he 3 cannot be kept on waiting for the job. The respondent authorities of the State are directed to issue appointment letter in favour of the petitioner subject to the condition that the provisional appointment will be confirmed considering the verification report received from the State of Uttar Pradesh. The appointment can be made provisionally, in case, the report is not favourable relating to the certificate, the respondent authorities will have liberty to remove the petitioner from the post. The appointment letter must be issued within four weeks from the date of production/communication of the order. Sanjeet/ (Mridula Mishra, J.)