ORDER

Petitioner in the present case is seeking the following reliefs: –

“(a) Issuance of writ in the nature of certiorari for quashing/setting aside the memo no. 971 dated 04.11.2022 (contained in Annexure-8) has passed by the Director-in-Chief, Health Department, Govt. of Bihar, Patna whereby and whereunder the Director-in-Chief has rejected the representation and grievance of the petitioner on ground that he had passed I.Sc with Mathematic and as such he is not eligible for appointment on the post of Ophthalmic Assistant as per eligible criteria in Advt. No. 1/2021 which has published by Bihar Technical Service Commission, as per Bihar Ophthalmic Assistant Cadre (Recruitment and Service Conditions) Rules, 2011 and amended Rules, 2019.

(b) Issuance of writ in the nature of mandamus commanding and directing the respondent authorities to prepare merit list treating petitioner to be eligible for appointment on the post of Ophthalmic Assistant, in the light of order dated 18.10.2022 passed by the comprising Division Bench of Hon’ble Chief Justice and Hon’ble Mr. Justice S. Kumar in C.W.J.C. No. 9848 of 2021(Contained in Annexure-9).

(c) To grant any other relief/reliefs for which the petitioner is entitled to in the facts and circumstances of the case.”

On the last date i.e. on 23.03.2023, this Court had passed the following order: –

“Let the counter affidavit be taken on the record. Learned counsel for the petitioner submits that in the light of the direction of this Court in CWJC No. 5289 of 2022, the petitioner approached the authority concerned i.e. respondent no. 4 namely, the Director-in-Chief, Health Services Department, Department of Health, Government of Bihar, Patna but the representation of the petitioner has been rejected on the solitary ground that he had passed Intermediate in Science with Mathematics, Physics, Chemistry and English in the year 2005. According to the respondents, as per the advertisement, the candidate must have done Intermediate in Science with Biology, Physics and Chemistry with English and he should be having Diploma in Ophthalmic Assistant Course. It is not in dispute that the petitioner has obtained Diploma in Ophthalmic Assistant Course during the period 2003-05.

Learned counsel further submits that an identical question had fallen for consideration in some of the writ petitions which were heard and disposed of by a Hon’ble Division Bench of this Court in CWJC No. 9848 of 2021 and other analogous matters wherein the respondents were directed to consider the case of those petitioners also who were admitted in the Diploma course in Ophthalmic Assistant before framing of Recruitment Rules, 2011.

The Division Bench order has been passed on the reasoning that once the State Government has permitted the students passing Intermediate in Science with Mathematics or Biology for admission in Diploma Course of Ophthalmic Assistant and they have obtained diploma certificate, the State cannot deny their appointment on the ground that they have passed Intermediate (Science) Examination having Physics, Chemistry, English, and Mathematics and not Biology.

Learned counsel submits that in the light of the order passed in CWJC No. 5289 of 2022, he had submitted his representation.

Learned counsel for the petitioner submits that by the time, the representation of the petitioner came to be considered, the Hon’ble Division Bench judgment in CWJC No. 9848 of 2021 had already come, therefore, it was all the more necessary for the competent authority to pass an appropriate order looking into the judgment of the Hon’ble Division Bench but that has not been done.

Learned counsel has produced a copy of the receipt showing submission of his application vide Registration No. BR00150280000805. It is submitted that the impugned order is in the teeth of the judgment of the Hon’ble Division Bench of this Court.

At this stage, this Court is informed that the respondents have come out with the final merit list on 13.01.2023. A copy of th