This case was filled by Dr. Arvind Kumar Sinha, Son of Late Ramjee Prasad, Resident of VillageMirjapur, Nohta, Fahuha, P.S.-Fatuha, District-Patna, State-Bihar. At present Chairman Bihar State Ayurvedic and Unani Medicine Faculty, Bihar, Patna against The State of Bihar. The Judgment in Dr. Arvind Kumar Sinha v. State of Bihar (CWJC No.52 of 2021) was delivered by HONOURABLE MR. JUSTICE P. B. BAJANTHRI.
FACTS OF THE CASE:
This case was a writ Petition filled under Article 226 of the Constitution of India.. With this Petition the Petitioner wants the Court to issue the Writ of Mandamus Commanding the Respondents to Discharge there Legal Obligation to Disposed the Application given By Petitioner on their behalf on dated 24/08/2020 and 06/10/2020. Hon’ble Apex Court Passed Reputable Judgment in BIHAR STATE COUNCIL OF AYURVEDIC AND UNANI MEDICINE VS THE STATE OF BIHAR AND OTHERS the Under Bihar Ayurvedic and Unani Medicine Act, 1951, in which Hon’ble Apex Court Hold that The GAMS degree Conferred on and shall be treated as recognised degree for the purposes of taking admission to higher courses of study and also for the purposes of employment. Further the petitioner wants the Court to issue the writ of mandamus, and directing to respondents authority to compliance with own resolution issued by Mr. Deepak Kumar, secretary government of Bihar vide memo no. 16/M/-1-67/2006-260 (Unani) Patna, dated 22/03/2007 and to stay the entire selection Process being Advertisement No. 04/2020 to 09/2020 issue Notification by Signature of Respondent No. 3 The Secretary Bihar Technical Service Commission, (BTSC), Patna with ignorance to guide line of Hon’ble Apex Court and Hon’ble high Court, Patna as well as circular of central Govt./State Govt. about Relaxation of age and Degree. Moving ahead the Petitioner also wants the Court to direct the Respondents to discharge there legal obligation to conducted the Proper Enquiry in the matter and given the opportunity to the Petitioner accordance with law and Provision of Laws. Moreover, the petitioner also asked the court to Proper legal action against the such responsible Respondents which are involved in Such illegal, Manner to harass the Petitioners with so many corners.
In the light of the above observations and arguments the court disposed of the petition and directed to consider the petitioner’s representation and pass speaking order within a period of six weeks from the date of receipt of this order and communicate the decision to the petitioner.
JUDGEMENT REVIEWED BY AKANKSHA