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2002 Supreme(Pat) 748

T.P.SINGH, S.N.JHA
Manju Kumari – Appellant
Versus
State Of Bihar – Respondent


Judgment

S.N.Jha, J.

1. The dispute in this batch of writ petitions relates to appointment of Auxiliary Nurses & Midwives (ANM). The dispute precisely is whether appointment should be made as per the procedure existing prior to 10.6.96 or on the basis of the written examination etc. as prescribed by resolution dated 10.6.96. The case of the petitioners is that as the vacancies in question are of the earlier period they should be filled as per the old procedure and not on the basis of the competitive examination.

2. The cases came up earlier before one of us (S.N.Jha, J.) sitting singly. In course of hearing in support of the contention on behalf of the petitioners reliance was placed on orders in which direction was issued to fill the vacancies in accordance with the old procedure. The Court expressed reservation about the correctness of the orders but as sitting singly different order could not be passed, by order dated 1.3.2002 the cases were referred to Division Bench and that is how these cases came up for hearing before this Bench. It may be stated here that no objection was raised when the hearing was taken up this Bench considering that the cases had been referred to Division






























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