IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4414 of 2024 ======================================================

Dr. Gangadhar Giri son of Paras Nath Giri, resident of Mashrak, Purab Tola, Mashrak, P.O. and P.S.-Mashrak, District-Chapra at Saran.

... ... Petitioner/s Versus

1. The State of Bihar.

2. The State of Bihar through the Additional Chief Secretary, Health Department, Government of Bihar, Patna.

3. The Bihar Technical Service Commission, 19, Harding Rd, Rajbansi Nagar, Patna, Bihar 800001.

4. The Chairman, Bihar Technical Service Commission, 19, Harding Rd, Rajbansi Nagar, Patna, Bihar 800001.

5. The Secretary, Bihar Technical Service Commission, 19, Harding Rd, Rajbansi Nagar, Patna, Bihar 800001.

6. The Deputy Secretary, Bihar Technical Service Commission, 19, Harding Rd, Rajbansi Nagar, Patna, Bihar 800001.

7. Laxmi Narayan Kumar, son of Ram Brichh Chaudhary, through Bihar Technical Service Commission bearing registration No.

BR00150220002062.

... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mr. Lalit Kishore, Sr. Advocate Mr. Mohit Shriwastwa, Advocate Mr. Ayush Kumar, Advocate Mr. Kanishka Shankar, Advocate Mr. Sanjeev Kumar, Advocate For the State : Mr. Sanjay Prasad (AC to AAG-4)

For the BTSC : Mr. Nikesh Kumar, Advocate Mr. Akshansh Shanker, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN

ORAL JUDGMENT

Date : 10-02-2026 Heard learned Senior counsel for the petitioner, learned counsel for the State and learned counsel for the Bihar Technical Service Commission.

2. The present writ petition has been filed for the following relief/s:-

“I. To issue an appropriate writ, order, direction in the nature of mandamus commanding the respondent Bihar Technical Service Commission to treat the petitioner's candidature in the category of Backward Class of "Goswami/Gosai" instead of General Category Candidate against advertisement no. 4/2020 to 09/2020 dated 28.09.2020 for the post of Ayurvedic Medical Officer.

II. To issue an appropriate writ, order, direction in the nature of mandamus commanding the respondents to amend / revise the result bearing no. 462 dated 21.02.2024 to the extent of including the name of the petitioner under the Backward Class Category and consequent removal of the last meritorious candidate under the Backward Class Category, if required, for the post of Ayurvedic Medical Officer.

III. To issue an appropriate writ, order, direction in the nature of mandamus commanding the respondents to appoint the petitioner on the post of Ayurvedic Medical Officer on the basis of marks obtained by the petitioner and eligible for the under the Backward Class Category.

IV. To issue an appropriate writ, order, direction in the nature of mandamus commanding the respondents to keep one post vacant under Backward Class Category against the post of Ayurvedic Medical Officer.

V. To any other reliefs for which the petitioner appears to be found entitled by the Hon'ble Court.”

3. Learned Senior counsel for the petitioner submits that the petitioner is presently working on the post of Ayurvedic Medical Officer on contractual basis and he was appointed vide Memo No. 392 dated 29.05.2015 in the office of District Health Society, Supaul and presently posted at Referral Hospital, Raghopur Block, Supaul. Senior counsel submits that the Bihar Technical Service Commission published an advertisement bearing no.4/2020 to 9/2020 dated 28.09.2020 for appointment for different posts including Ayurvedic Medical Officer (serial no.1 of the advertisement). In the said advertisement, the guidelines in relation to reservation were stipulated in Para 5. The last date for submission of online application form was specified as 28.10.2020. Senior counsel submits that an experience certificate was issued in favour of the petitioner by the concerned civil surgeon. He further submits that in pursuant to the said advertisem