Patna High Court
Dr. Shanker BhartiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The court held that the petitioners' grievances are redressed and consequently disposed of both writ petitions.
Summary
The petitioners, a group of doctors, filed two civil writ petitions seeking appointment as General Medical Officers and Specialist Medical Officers. The Health Department of Bihar, through a committee, accepted their joining and issued Notification No. 586(2) dated 11.04.2025 appointing 35 of the petitioners, bringing the total appointments to 56. The petitioners submitted a supplementary counter‑affidavit, and the court was informed that the department had already resolved the matter. The learned counsel for the petitioners argued that their grievances were thus redressed. The court, after considering the submissions and the notification, held that there was no further relief to be granted and disposed of both writ petitions, also dismissing any pending interlocutory applications.
Issues considered
- Whether the petitioners' grievances regarding their appointment as medical officers have been redressed, warranting dismissal of the writ petitions
Subjects
- appointment
- civil writ
- health department
- government notification
- service recruitment
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5422 of 2022
======================================================
1. Dr. Poonam Sagar Daughter of Nand Kishore Prasad Resident of Kishore
Kutir, Bhabha Colony, Hanuman Nagar, Kankarbagh, Sampatchak, P.S.-
Patrakar Nagar, District- Patna.
2. Dr. Ranjan Kumar Son of Late Ramchandra Prasad Resident of Village-
Ghorasahan, Birta Chowk, P.S.- Parbalpur, District- East Champaran.
3. Dr. Md. Imteyaz Alam Son of Md. Mustafa Ansari Resident of Village-
Dhaka Lahan, P.O.- Ruphara, P.S.- Dhaka, District- East Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Chief Secretary, Government of Bihar, Patna.
3. The Additional Chief Secretary, Department of Health, Government of
Bihar, Patna.
4. The Principal Secretary, Department of Health, Government of Bihar, Patna.
5. The Secretary-cum-CEO-Bihar Swasthya Suraksha Samiti, Department of
Health, Government of Bihar, Patna.
6. The Special Secretary-cum-ED. State Health Society-cum-PD, Bihar Aids
Control Society, Department of Health, Government of Bihar, Patna.
7. The Additional Secretary, Department of Health, Government of Bihar,
Patna.
8. The Special Secretary, Department of Health, Government of Bihar, Patna.
9. The Joint Secretary, Department of Health, Government of Bihar, Patna.
10. The Deputy Secretary, Department of Health, Government of Bihar, Patna.
11. The Bihar Technical Service Commission through its Chairman,
Government of Bihar, Patna.
12. The Chairman, The Bihar Technical Service Commission, 19, Harding Road,
Government of Bihar, Patna.
13. The Secretary, The Bihar Technical Service Commission, 19, Harding Road,
Government of Bihar, Patna.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 1546 of 2022
======================================================
1. Dr. Shanker Bharti Son of Bankey Prasad Singh Resident of Shankar
Bhawan, Mohalla- Garhpur, Dekhulighat, P.S.- Bihar Sharif, District-
Nalanda.
2. Dr. Rahul Ranjan Son of Chandra Shekhar Prasad Resident of Village-
Alipur, Ekangarsarai, P.O.- Bisai Bigha, P.S.- Parbalpur, District- Nalanda.
Patna High Court CWJC No.5422 of 2022 dt.22-01-2026
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3. Dr. Rajesh Kumar Sah Son of Parameshwar Sah Resident of Village-
Mansar, P.O.- Kumna, P.S.- Kopa, District- Saran.
4. Dr. Sunny Kumar Son of Sarvoday Prasad Sah Resident of 412,
Musallahpur, P.S.- Kadamkuan, District- Patna.
5. Dr. Rajesh Kumar Choudhary Son of Rajeev Nayan Prasad Resident of
Gandhi School Road, Saidnagar, Danapur-cum-Khagaul, P.S.- Khagaul,
District- Patna.
6. Dr. Satyendra Kumar Son of Jagdish Singh Resident of Village- 35,
Mohanchak, P.S.- Islampur, District- Nalanda.
7. Dr. Ravi Ranjan Son of Ram Binay Singh Resident of Village- Chakia, P.S.-
Mehandia, District- Arwal.
8. Dr. Navkant Kumar Bimal Son of Ramjapo Singh Resident of Village-
Muradpur Bharna, Ward No.11, P.S.- Nauhatta, District- Saharsa.
9. Dr. Bharti Kumari Wife of Brajesh Kumar Resident of Village- Ward No.1,
Batardiha, Ujan, P.S.- Bithan, District- Samastipur.
10. Dr. Prashant Kumar Son of Kamal Kishore Prasad Resident of Village-
Bangraha, Block- Vidyapati Nagar, P.S.- Vidyapati Nagar, District-
Samastipur.
11. Dr. Rajesh Kumar Son of Keshav Prasad Singh Resident of Village- Kon,
Nokha, P.S.- Nokha, District- Rohtas.
12. Dr. Smriti Priya Daughter of Rajendra Singh Resident of RL Villa, Dhanaut,
Danapur, P.S.- Rupaspur, District- Patna.
13. Dr. Himanshu Kumar Son of Late Kapildeo Paswan Resident of Village-
Nanhku Mandal, P.S.- Durgapur, District- Khagaria.
14. Dr. Sujeet Kumar Son of Chhote Prasad Resident of Village- Bena, P.O.-
Bena, P.S.- Bena, District- Nalanda.
15. Dr. Brajesh Kumar Son of Ram Baran Mehta Resident of Ward No.- 5,
Adharpur urf Chak Nizamat, P.S.- Samastipur, District- Samastipur.
16. Dr. Ashok Kumar Son of Shivshankar Prasad Resident of Village- Akarpur,
Gadbadia, Sheikhpura Dih Kushumbha, P.S.- Kaurma, District- Sheikhpura.
17. Dr. Sarthak Kumar Son of Govind Kumar Resident of Village- Hanuman
Gadhi, P.S.- Bagaha, District- West Champaran.
18. Dr. Aparna Kadambari C/o Kamleshwari Prasad Deo Resident of Village-
Sijhua Dev Tola, Shankarpur, Shijhua, P.S.- Kursakanta, District- Araria.
19. Dr. Tarun Kumar Son of Rajendra Ram Resident of Village- Sheikhpura,
P.S.- Barun, District- Aurangabad.
20. Dr. Tripurari Son of Parmanand Prasad Resident of House No.- 166, Bucha
Baandh, Patratu, Ramgarh, P.S.- Patratu, District- Ramgarh, Jharkhand.
21. Dr. Md. Ajmal Alam Son of Md. Faliur Rahman Resident of Village-
Majarahi, Belbari, P.S.- Azamnagar, District- Katihar.
22. Dr. Chitranjan Kumar Son of Ramkeshwar Singh Resident of Village- Pakri
Ara, P.S.- Nawada Bhojpur, District- Bhojpur.
23. Dr. Ranvijay Bharti Son of Raghunandan Singh Resident of Rajgir Bhawan,
Behind Kumharar Park, Chanakya Nagar, Kumharar, P.S.- Agamkuan,
Patna High Court CWJC No.5422 of 2022 dt.22-01-2026
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District- Patna.
24. Dr. Rajesh Singh Son of Lal Babu Singh Resident of IOC Road, Pragati
Nagar, Sipara, Sampatchak, P.S.- Beur, District- Patna.
25. Dr. Kumari Rashmi Wife of Dr. Sandeep Kumar Resident of Village-
Lodipur, P.S.- Lodipur, District- Bhagalpur.
26. Dr. Manoj Kumar Son of Kameshwar Yadav Resident of Village- Belayakub,
Kabirchak, P.S.- Bahadurpur, District- Darbhanga.
27. Dr. Sujata Kumari Daughter of Vidyanand Yadav Resident of Village-
Phulparas, P.S.- Phulparas, District- Madhubani.
28. Dr. Lal Bihari Kumar Son of Ram Pravesh Singh Resident of Village- Mallu
Khaira, P.S.- Barun, District- Aurangabad.
29. Dr. Kislay Kant Son of Hanushdeo Singh Resident of Nalanda Niwas, Shiv
Shakti Nagar, Bazar Samiti, Sandalpur, Mahendru, P.S.- Islampur, District-
Patna.
30. Dr. Nivedita Daughter of Shailendra Kumar Resident of House No.- 428,
Laxmi Narayan Nagar, Bela, P.S.- Mithanpura, District- Muzaffarpur.
31. Dr. Gangesh Kumar Gunjan Son of Bhupnarayan Mehta Resident of Village-
Kanu Tola, P.S.- Simri Bakhtiarpur, District- Saharsa.
32. Dr. Bidisha Rani Daughter of Bipin Pat Resident of Village- Gagan Sadan,
Sampatchak, P.S.- Kankarbagh, District- Patna.
33. Dr. Satyendra Paswan Son of Arun Paswan Resident of Village- Bardih, P.S.-
Sikandra, District- Jamui.
34. Dr. Santosh Kumar Son of Raj Banshi Yadav Resident of Village- Jhahuri
Tole Dhobiyahi, P.O.- Karhari, Narahia, P.S.- Laukahi, District- Madhubani.
35. Dr. Masuraj Atal Bihari Mandal Son of Maheshwar Mandal Resident of
Village- Dulha, Badauli, P.S.- Bisfi, District- Madhubani.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Chief Secretary, Government of Bihar, Patna.
3. The Additional Chief Secretary, Department of Health, Government of
Bihar, Patna.
4. The Principal Secretary, Department of Health, Government of Bihar, Patna.
5. The Secretary-cum-CEO-Bihar Swasthya Suraksha Samiti, Department of
Health, Government of Bihar, Patna.
6. The Special Secretary-cum-ED, State Health Society-cum-PD, Bihar Aids
Control Society, Department of Health, Government of Bihar, Patna.
7. The Additional Secretary, Department of Health, Government of Bihar,
Patna.
8. The Special Secretary, Department of Health, Government of Bihar, Patna.
9. The Joint Secretary, Department of Health, Government of Bihar, Patna.
10. The Deputy Secretary, Department of Health, Government of Bihar, Patna.
Patna High Court CWJC No.5422 of 2022 dt.22-01-2026
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11. The Bihar Technical Service Commission through its Chairman,
Government of Bihar, Patna.
12. The Chairman, The Bihar Technical Service Commission, 19, Harding Road,
Government of Bihar, Patna.
13. The Secretary, The Bihar Technical Service Commission, 19, Harding Road,
Government of Bihar, Patna.
... ... Respondent/s
======================================================
Appearance :
(In Civil Writ Jurisdiction Case No. 5422 of 2022)
For the Petitioner/s : Mr. Jagjit Roshan, Advocate
Mr. Aput, Advocate
Mr. Rakesh Roshan Singh, Advocate
Mr. Anjani Kumar, Advocate
For the State : Mr. Anil Kumar Verma, AC to AAG-9
For BTSC : Mr. Nikesh Kumar, Advocate
Mr. Akshansh Shankar, Advocate
(In Civil Writ Jurisdiction Case No. 1546 of 2022)
For the Petitioner/s : Mr. Jagjit Roshan, Advocate
Mr. Aput, Advocate
Mr. Rakesh Roshan Singh, Advocate
Mr. Anjani Kumar, Advocate
For the State : Mr. Anil Kumar Verma, AC to AAG-9
For BTSC : Mr. Nikesh Kumar, Advocate
Mr. Akshansh Shankar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 22-01-2026
Heard learned counsel for the petitioner, learned
counsel for the State, and learned counsel for the Bihar
Technical Service Commission in both the writ petitions.
2. Learned counsel for the petitioner in CWJC No.
1546 of 2022 submits that the soft copy of the second
Patna High Court CWJC No.5422 of 2022 dt.22-01-2026
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supplementary counter5422-affidavit has already been filed;
however, due to paucity of time, the hard copy could not be
filed. He, therefore, prays that the hard copy of the second
supplementary counter-affidavit be accepted on record.
3. Permission is granted.
4. From the second supplementary counter-affidavit,
it appears that the respondent-department has accepted that vide
Memo No. 1294(2) dated 20.09.2024, a four-member
Committee was constituted under the chairmanship of the
Special Secretary, Health Department, Government of Bihar,
and the said Committee has submitted its report, wherein it has
been decided to accept the joining of General Medical Officers
and Specialist Medical Officers.
5. Learned counsel for the petitioner has brought on
record Notification No. 586(2) dated 11.04.2025 issued by the
Health Department, Government of Bihar, whereby the joining
of 35 doctors has been accepted, including the petitioners in
both the writ petitions. Altogether, 56 persons were appointed,
including 35 petitioners in CWJC No. 1546 of 2022 and 2
petitioners in CWJC No. 5422 of 2022. The names of the
petitioners figure in the said notification dated 11.04.2025.
6. In this background, all the learned counsel submit
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that the grievances of the petitioners stand redressed.
7. In view of the aforesaid facts and circumstances,
both the writ petitions stand disposed off.
8. Any pending interlocutory application(s) in both the
writ petitions stand disposed of.
(Dr. Anshuman, J)
Ashwini/-
AFR/NAFR NA
CAV DATE NA
Uploading Date 27/01/2026
Transmission Date NA
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