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2021 Supreme(Pat) 515

MOHIT KUMAR SHAH
Pratyush Parag – Appellant
Versus
State Of Bihar – Respondent


Advocates Appeared:
Mr. Rohit Mishra, Advocate, for the Appellant; Mr. Kamlesh Kishore, AC to SC-12, for the Respondent.

JUDGMENT

1. The instant case has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

2. The present writ petition has been filed seeking the following reliefs:-

"(i) For directing the concerned respondent to issue appointment letter in favour of the petitioner, to be appointed on the post of Senior Resident/Tutor, as the persons above the petitioner, in the panel list have not joined.

(ii) For directing the concerned respondent to remove all those Senior Resident/Tutor who have completed 3 years tenure as Senior Resident. Because as per the "Senior Resident, Tutor and Bihar Medical Education Service Cadre Recruitment, Appointment and Promotion Rules, 2008" and subsequent upon "Senior Resident/Tutor and Bihar Medical Education Service Cadre Recruitment, Appointment and Promotion (Amendment), Rules, 2013", (hereinafter referred to as 'the rules'), the tenure of the said post is only for three years.

(iii)For directing the concerned respondent to remove/not to take into consideration the persons who have already completed or have done/produced experience of senior resident/t

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