Patna High Court CWJC No.9634 of 2007 (4) dt.14-10-2011 IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9634 of 2007 Mukesh Kumar Singh, Son of Brajnandan Singh, resident of village- Mukundpur, P.S.- Ekna, District- Saran. .... .... Petitioner Versus 1. The State of Bihar. 2. Commissioner, Saran at Chapra. 3. District Magistrate, Saran at Chapra. 4. Civil Surgeon cum Chief Medical Officer, Saran at Chapra. 5. Executive Director, Udhmita Vikash Sansthan, Bihar. 6. Regional Director, Health Services, Saran at Chapra. .... .... Respondents. ------------- 4 14-10-2011 No one appears for the petitioner. Counsel for the State is present. In this writ application the petitioner has prayed for a direction to the respondents to allocate actual marks as per his qualification and thereafter prepare a fresh merit list by quashing the earlier selection list dated 16.03.2007. Such a prayer of the petitioner has been answered by the respondents in their counter affidavit, wherein, it has been specifically stated as follows:- “5. That it is relevant to mention here that as per advertisement published in daily Newspaper‟ Hindustan‟ on 15.02.2007 by State Health Society, Shekhpura, Patna, the date for walking interview was fixed on 12.03.2007 in every district under the Chairmanship of the District Magistrate to select the candidate to appoint on contract basis. 6.That accordingly on the fixed date walking inter-view held in the office Chamber of the District Magistrate, Saran Patna High Court CWJC No.9634 of 2007 (4) dt.14-10-2011 Chapra, A committee under the chairmanships of the District Magistrate, Saran(Chapra) was duly constituted vide letter no. 114 dated 06.03.2007 as per direction laid down in letter no. 2690 dated 13.02.2007 issued under the signature of Executive Director State Health Society, Bihar, Patna. 7. That the candidate appeared in the walk in interview had to produce all the certificate regarding qualification, etc., before the Selection committee. 8. That the petitioner appeared in the interview but he did not produced the marksheet and certificate of M.B.A, Due to the reason his marks of M.B.A was not allocated in the merit and he was marked „o‟ in the column of making in qualification. The petitioner was not fulfilling the procedure of interview, so that he was not selected by the Selection Committee. 9. That the Statement made in para 4 of the writ petition under reply it is fact. As per advertisement published the date of walk in interview was fixed on 12.03.2007. In this interview the candidate appeared in the interview had to produce concerned Marksheet of academic qualification, age certificate, and the certificate of M.B.A., in the interview, but the petitioner did not produced the main certificate of M.B.A and Marksheet of M.B.A.” It has to be noted that a copy of the counter affidavit has been served on 22.09.2008, upon the counsel for the petitioner but no rejoinder thereto has been filed by the petitioner and therefore, the aforementioned facts stated in the counter affidavit has to be accepted as uncontroverted. Once this position would become clear that the petitioner did not produce his certificates and Patna High Court CWJC No.9634 of 2007 (4) dt.14-10-2011 testimonials in support of his being holder of the qualification of Master of Business Administration, the requisite qualification for the post of Health Manager, no error can be said to have been committed in not allocating its marks to the petitioner. In fact there would be no question now to once again go through the whole exercise by allowing the petitioner to produce the certificates and mark sheet of Master of Business Administration for its re-examination specially when the advertisement itself had envisaged that every candidate had to do so to while appearing in the walk in interview. The concept of walk in interview is to expedite the process of appointment and therefore, once this Court has found that the petitioner himself did not comply with the terms and conditions of the advertisement, he would not be entitled to any relief. That being so, this application is wholly misconceived and is, accordingly, dismissed. RANJAN (Mihir Kumar Jha, J)