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2015 Supreme(Pat) 994

AJAY KUMAR TRIPATHI
Abhijeet Kumar Jha – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. B. P. Pandey, Mr. Pravin Kumar Sinha, Mr. Nirbhay Prashant
For the Respondent State: Mr.ASHOK PRIYADARSHI, Mr. Mani Madhukar
For Respondent No.5: Mr. Satish Chandra Jha
For Respondent No.6: Dr. Harendra Kumar Singh
For Respondent No.7: Mr. Shashi Bhushan Kumar
For Respondent No.8: Mr. Y. V. Giri, Mr. Pranav Kumar

JUDGMENT :

On the basis of an advertisement issued by the Department of Health, Government of Bihar, dated 7.5.2015, contained in Annexure-3, petitioner applied for the post of Senior Resident for a period of 3 years. Petitioner was considered, short-listed and placed at serial No.1 for appointment as a Senior Resident, Skin and V.D. Department. He is a general category candidate and he being the sole short-listed candidate, placed at top of the list, expected to be notified on the position. However, to the shock and horror when notification, contained in Anneuxre-9 dated 2.9.2015 was issued, his name was missing. He tried to find out the reason for omission but since he did not get any satisfactory response, he decided to file the writ application seeking quashing of Annexure-9, if not a direction upon the respondents to appoint him on the post of Senior Resident.

2. Petitioner has also impleaded certain private respondents who have been appointed. They are represented through various counsels and have filed counter affidavits as well.

3. Learned senior counsel representing the petitioner submits that the whole decision not to appoint the petitioner is arbitrary, mala fide and a del



























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