SANJESH MANI Vs. STATE OF BIHAR
LAWS(PAT)-2022-1-28
HIGH COURT OF PATNA
Decided on January 11,2022

Sanjesh Mani Appellant
VERSUS
STATE OF BIHAR Respondents




JUDGEMENT

P. B. Bajanthri, J. - (1.) This matter is heard via video conferencing due to circumstances prevailing on account of the COVID-19 Pandemic.
(2.) In the instant petition, petitioners have prayed for the following reliefs:- "(i) That the Respondents be strictly directed to appoint these OBC's petitioners on vacant posts of Extremely Backward Classes according to Sec. 4(2) and Sec. 4(6)(b) and 4(6)(d) of the Bihar Reservation of vacancies in Posts and Services (For Schedules Castes, Scheduled Tribes and Other Backward Classes) Act, 1991 because same Exchange reservation has been given to unreserved candidates against vacant posts of economically weaker Sec. (EWS) candidates and also it has been exchanged to male ST candidates against vacant post of women backward class under this exchange formula in the present selection process itself. The present vacancies are included vacancies of previous recruitment years 201402017. (ii) That the Respondents be also directed to appoint these M.B.B.S. doctors forthwith on priority basis, considering this Covid-19 pandemic emergent situation in Bihar, where thousands of Doctors posts are vacant in Additional Primary Health Centers (APHC), PHC and Sadar Hoospital and Medical College of Bihar of Bihar in rural areas due to which unbearable loads on PMCH, AIIMS and IGIMS, NMCH Patna has caused thousands of deaths due to non- availability of seats in these 4 big hospitals of Patna. (iii) That the Respondents be directed to fill up the entire vacant posts of Doctors expeditiously in Bihar in emergent situation of Covid-19 pandemic as other States of the country has did so. (iv) That the Respondents be directed to publish waiting list also in published result, because due to non joining of some Doctors, those post will remain vacant again and innocent people will suffer an irreparable lose due to scarcity of Doctors in rural areas. (v) That the P.G. Doctors should not be appointed because they will 3 years leave to obtain higher education, as such the seats of Doctors at APHC, PHC Sadar Hospitals and Medical Colleges will remain vacant in Bihar for further 3 years. (vi) That the Respondents be strictly directed to provide reservation to SC, ST, EBC, BC candidates accurately in percentage fixed for them in Sec. 4(2) of the Bihar Reservation Act, 1991. It has not been followed in the present vacancies at all. (vii) That the direction be issued to the Respondent No. 4 to punish those guilty Respondents u/s 12 of Reservation Act 1991 who all have violated the reservation rule willingly and knowingly. (viii) That the Respondents be directed to pay the appropriate cost and compensation to these unemployed petitioners, for unnecessary mental, physical and economical harasses done by the illegal and unconstitutional acts of the Respondents. (ix) That any other relief and relieves may kindly be granted to the petitioners as it may be deemed fit and proper to the facts and circumstances of this case."
(3.) Short question for consideration is that the concerned respondent in the selection and appointment of M.B.B.S. Doctors have not adhered to the reservation policy in accordance with the Bihar Reservation of vacancies in Posts and Services (For Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1991. Therefore, the concerned respondent is hereby directed to redress the grievance of the petitioners in the light of the Hon'ble Apex Court decision in the case of Superintending Engineer, Public Health U.T. Chandigarh and Ors. vs. Kuldeep Singh and Ors. reported in (1997) 9 SCC 199. The relevant paragraphs 4 to 6 read as under:-;


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