Letters Patent Appeal No. 1936 of 2012 · Patna High Court
Case Details
IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No. 1936 of 2012 In Civil Writ Jurisdiction Case No. 14321 of 2011 With Inte rlocutory Application No. 1927 of 2013 In Letters Patent Appeal No. 1936 of 2012 ====================================================== 1. The State Health Society through the Executive Director, Parivar Kalyan Bhawan, Sheikhpura, Patna. 2. Executive Director, State Health Society, Bihar, Patna. 3. State of Bihar through the Principal Secretary, Health-cum- Executive Director, State Health Society, Bihar. 4. Secretary Health-cum- Executive Director, State Health Society, Bihar, Patna. .... Respondents-Appellants Versus
Legal Reasoning
1. Dr. Bimla Kumari, D/O Shri Sidheshwar Pandit, R/O Village- Harnuchak, P.O.- Anisabad, P.S.- Beur, District- Patna. 2. District Magistrate cum Chairman, District Health Society, Patna. 3. The Civil Surgeon cum Member Secretary, District Health Society, …….Petitioner-Respondent Patna. 4. The Civil Surgeon cum Member Secretary, District Health Society, Gaya. 5. I/C Medical Officer, Primary Health Centre, Maner. …..(respondent no. 2 to 5 are proforma respondent) .... .... Respondents ====================================================== With Letters Patent Appeal No.1937 of 2012 In Civil Writ Jurisdiction Case No. 16067 of 2011 2 Patna High Court LPA No.1936 of 2012 (5) dt.12-04-2013 2 / 6 With Inte rlocutory Application No. 1928 of 2013 In Letters Patent Appeal No.1937 of 2012 ====================================================== 1. The State Health Society through the Executive Director, Parivar Kalyan Bhawan, Sheikhpura, Patna. 2. Executive Director, State Health Society, Bihar, Patna. 3. State of Bihar through the Principal Secretary, Health-cum- Executive Director, State Health Society, Bihar. 4. Secretary Health-cum- Executive Director, State Health Society, Bihar, Patna. .... Respondents-Appellants Versus 1. Dr. Abdullah Ansari, S/o-Shashul Haque Ansari, resident of Village- Pipara Tara, P.O.-Mustafabad, P.S.-Goria, District-Siwan. …….Petitioner-Respondent 2. District Magistrate cum Chairman, District Health Society, Siwan. 3. District Magistrate cum Chairman, District Health Society, Saran. 4. The Civil Surgeon cum Member Secretary, District Health Society, Siwan. 5. The Civil Surgeon cum Member Secretary, District Health Society, Saran. 6. I/C Medical Officer, Primary Health Centre, Gorai Kothi, Siwan. 7. I/C Medical Officer, Primary Health Centre, Taraia, Saran. …..(respondent no. 2 to 7 are proforma respondent) .... Respondents .... Respondents ====================================================== With Letters Patent Appeal No.1940 of 2012 In Civil Writ Jurisdiction Case No. 16066 of 2011 With Inte rlocutory Application No. 1929 of 2013 In 3 Patna High Court LPA No.1936 of 2012 (5) dt.12-04-2013 3 / 6 Letters Patent Appeal No.1940 of 2012 ====================================================== 1. The State Health Society through the Executive Director, Parivar Kalyan Bhawan, Patna. 2. Executive Director, State Health Society, Bihar, Patna. .... Respondents-Appellants Versus 1. Dr. Imran Azam S/O - Shahid Akhtar Resident of Mohammad Colony, Dargah Road, P.O. - Mahendru, P.S. - Sultanganj, Patna. 2. District Magistrate cum Chairman, District Health Society, Patna. 3. The District Magistrate cum Chairman, District Health Society, …Petitioner-Respondent Samastipur . 4. The Civil Surgeon cum Member Secretary, District Health Society, Patna. 5. The Civil Surgeon cum Member Secretary, District Health Society, Samastipur. 6. I/C Medical Officer, Primary Health Centre, Bikram, Patna. (respondents no. 2 to 6 are proforma respondent.) .... Respondents-Respondents ====================================================== With Letters Patent Appeal No.1950 of 2012 In Civil Writ Jurisdiction Case No. 16650 of 2011 With Inte rlocutory Application No. 1930 of 2013 In Letters Patent Appeal No.1950 of 2012 ====================================================== 1. The State Health Society through the Executive Director, Parivar Kalyan Bhawan, Sheikhpura, Patna. 2. Executive Director, State Health Society, Bihar, Patna. 3. State of Bihar through the Principal Secretary, Health-cum- Executive 4 Patna High Court LPA No.1936 of 2012 (5) dt.12-04-2013 4 / 6 Director, State Health Society, Bihar. 4. Secretary Health-cum- Executive Director, State Health Society, Bihar, Patna. .... Respondents-Appellants Versus 1. Shahnaz Bano, W/O - Zubair Arshad, resident of Mohalla - New Millat Colony, P.O. - Khagaul, P.S. - Phulwarisharif, District – Patna. ….Petitioner-Respondents 2. District Magistrate cum Chairman, District Health Society, Patna. 3. The District Magistrate cum Chairman, District Health Society, Nalanda. 4. The Civil Surgeon cum Member Secretary, District Health Society, Patna. 5. The Civil Surgeon cum Member Society, District Health Society, Nalanda. 6. I/C Medical Officer, Primary Health Centre, Nohsa, Phulwarisharif, Patna. (respondents no. 2 to 6 are proforma respondent.) .... Respondents-Respondents ====================================================== Appearance : For the Appellants (In all cases) : Mr. K. K. Sinha, Advocate (In LPA No.1936 of 2012) For the Respondent No. 1 : Mr. Harish Kumar, Advocate For the Respondent State : Mr. Manikant Mishra, GP 25 Mr. Kinkar Kumar, A.C. to G.P.-25 (In LPA No.1937 of 2012) For the Respondent No. 1 : Mr. Harish Kumar, Advocate For the Respondent State : Mr. Rakesh Kumar Sharma, AC to GP 23 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 5 Patna High Court LPA No.1936 of 2012 (5) dt.12-04-2013 5 / 6 5. 12-4-2013 Feeling aggrieved by the common judgment and order dated 21st December 2011 passed by the learned single Judge in C.W.J.C. Nos.16066 of 2011, 16650 of 2011, 16067 of 2011 and 14321 of 2011, the respondent State Health Society has preferred these Appeals under Clause 10 of the Letters Patent. The matter at issue is the posting of the writ petitioners, Homeopathic Doctors appointed on contractual basis, on the principle of merit-cum-choice. Feeling aggrieved by their posting orders, the writ petitioners approached this Court under Article 226 of the
Decision
Constitution. According to the writ petitioners, Doctors lower in merit have been given posting according to their choice, whereas the petitioners though are placed higher on merit they have not been given the posting of their choice. The learned single Judge, having examined the facts and the posting orders, has allowed the writ petitions and has directed the appellant to make posting orders in accordance with the policy of merit-cum-choice adopted by the appellant under its policy dated 17th August 2011. Learned advocate Mr. K. K. Sinha has appeared for the appellants. It is indisputable that the appellant has framed the policy of merit-cum-choice in respect of the posting of these Doctors. Mr. K. K. Sinha is unable to dislodge the finding that while making the posting of the present writ petitioners the principle of merit-cum-choice was not strictly adhered to. No case for interference is made out. Appeals are dismissed in limine. Interlocutory Applications stand disposed of. Registry will maintain copy of this order in each 6 Patna High Court LPA No.1936 of 2012 (5) dt.12-04-2013 6 / 6 Appeal. (R.M. Doshit, CJ) Pawan/- (Ahsanuddin Amanullah, J)