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2016 Supreme(Pat) 766

SHIVAJI PANDEY
Surendra Kumar S/O Sri Buchan Yadav – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioners: Mr. Bindhyachal Singh, Mr. Satya Prakash.
For the Respondent-State: Mr. Nutan Sahay.
For the Respondent-BPSC: Mr. Manish Kumar.

JUDGMENT :

Shivaji Pandey, J.

Heard learned counsel for the petitioner and learned counsel for the State.

2. In the present case, the petitioner is seeking relief for quashing the letter No. 6027 dated 12.02.2013 (Annexure-13), whereby the petitioner has been informed that he does not possess the requisite experience of three years as Senior Resident and therefore, he has been disqualified and not included in the merit list pursuant to the Advertisement No. 17 of 2011 and further relief has been sought to issue a writ of mandamus, commanding the respondents to produce the decision before this Court, by which the petitioner has been declared to be disqualified.

3. The Primary question in the present matter is involved that the petitioner has performed the duty as Senior Resident not in a substantive manner, but was allowed to perform the duty for three years on deputation/ad-hoc/officiating, will be sufficient experience for the consideration of his case as requisite qualification for the appointment to the post of Assistant Professor.

4. The short facts of this case are that the petitioner was appointed as a Medical Officer on 06.10.1990 and was transferred to Primary Health Centre, Cha








































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