IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5916 of 2025 ======================================================

Dr. Jitendra Kumar Tiwary @ Dr. Jitendra Kumar Tiwari @ Jitendra Kumar Tiwary@Jitendra Kumar Tiwari Son of Bishudha Nand Tiwari, Resident of village- Darweshpur, Post Office - Byapur, Police Station - Beapur, District -

Patna.

... ... Petitioner/s Versus

1. The State of Bihar through the Additional Chief Secretary-cum-Principal Secretary, Health Department, Government of Bihar, Patna, Vikash Bhawan, New Secretariat, Bailey Road, Patna, PIN Code- 800015.

2. The Principal Secretary, Health Department, Government of Bihar, Patna, Vikash Bhawan, New Secretariat, Bailey Road, Patna, PIN Code- 800015.

3. The Secretary, Health Department, Government of Bihar, Patna, Vikash Bhawan, New Secretariat, Bailey Road, Patna, PIN Code- 800015.

4. The Bihar Technical Service Commission, 19, Harding Road, Patna.

5. The Secretary/The In-charge Secretary, Bihar Technical Service Commission, 19, Harding Road, Patna.

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

Appearance :

For the Petitioner/s : Mr. Hridayal Kumar, Advocate For the State : Mr. J. K. Roy No. - 1, SC-13 Mr. B. B. Prasad, AC to SC-13 For the BTSC : Mr. Nikesh Kumar, Advocate Mr. Akshansh Shankar, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI

CAV JUDGMENT

Date: 17-01-2026

1. The petitioner has filed the instant writ petition for the following reliefs:

“(i) To pass an appropriate writ/s, order/s, direction/s to direct the respondent specially the Respondent No. 4 and 5 to allow the petitioner who is contractual General Medical Officer posted at Primary Health Center, Maner, District Patna to fill the form for the appointment to the post of General Medical Officer vide an Advertisement No. 19/2025 (Annexure P/1) published by the Bihar Technical Service Commission in short BTSC relaxing his over age as per the Gazette Notification No. 12534 dated 18.09.2018 issued by the General Administration Department, Government of Bihar (Annexure P/4) and to not apply the Clause No. 2 of the aforesaid advertisement to the petitioner herein because it will be applicable to the fresher applicants not to contractual employee and of it's discriminatory nature, which discourage the objection of the Articles 14 and 16 of the Constitution of India and Your Lordships may kindly be pleased to stay the form filling pursuant to the aforesaid advertisement until the Hon'ble Court passes an order in the instant matter.

(ii) For any other relief/s for which the petitioners are entitled to, in the facts and circumstances of the case.”

2. The petitioner is a General Duty Medical Officer on contract basis, posted at Additional Primary Health Centre, Sherpur, Maner, in the district of Patna. He was appointed for two years on contract basis against the sanctioned post, vide Advertisement, bearing Memo No. 2/M-61/2020-608(2), dated 24^th of March, 2021. His contractual employment started from 18^th of March, 2024.

3. Bihar Technical Service Commission issued Advertisement No. 19 of 2025, dated 10^th of March, 2025, for selection and recruitment on permanent basis on the sanctioned vacant post of General Medical Practitioner in the State of Bihar. Advertisement was directed to be submitted during the period 11^th of March, 2025 and 8^th of April, 2025. Clause-2 of the advertisement states the qualifying age for the post of General Medical Practitioner, which was 21 years as on 1^st of August, 2024 and extended to 37 years for General Category Candidates; 40 years for General Women Category Candidates; 40 years for Backward Class and Extremely Backward Class Candidates (Male and Female); and 42 years for Scheduled Castes and Schedules Tribes Candidates. Sub- clause-(iv) of Clause-2 of the advertisement states that in case of the candidates working in a government hospital on contractual basis, there will be re