IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1811 of 2022

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Surendra Prasad, Son of Bachcha Prasad Resident of Village and P.O. and

P.S.-Mairawa, District-Siwan (Bihar).

... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Health Department,

Government of Bihar, Patna.

2.

The Principal Secretary, Genral and Administrative Reforms Department,

Government of Bihar, Patna.

3.

The Additional Secretry, Genral Administrative Department, Government of

Bihar, Patna.

4.

The Special Secretary of Government, Health Department, Government of

Bihar, Patna.

5.

The Chairman, Bihar Technical Service Commission 19, Harding Road,

Patna.

6.

The Secretary, Bihar Technical Service Commission 19, Harding Road,

Patna.

... ... Respondent/s

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Appearance :

For the Petitioner/s

:

Mr. Maya Shankar Mishra, Advocate

For the B.T.S.C.

:

Mr. Nikesh Kumar, Advocate

For the State

:

Mr. Manish Dhari Singh, AC to AG

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CORAM: HONOURABLE THE CHIEF JUSTICE

and

HONOURABLE MR. JUSTICE S. KUMAR

ORAL JUDGMENT

(Per: HONOURABLE THE CHIEF JUSTICE)

Date : 24-03-2022

Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):-

“That this is an application for issuance of

a writ in the nature of certiorari for quashing the Rule

2 (iii) 2 (iii) of the Bihar District Ayush Medical/State

Patna High Court CWJC No.1811 of 2022 dt.24-03-2022

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Ayush Medical Service (Regular/Contractual

appointment and Service Condition Rule- 2017)

amended Rule- 2019 (in short Rule-2017 and amended

of the Rule 2019 by declaring the said Section as

ultravires and unconstitutional as the said rule was

first time inserted by amendment of Bihar District

Ayush Medical/State Ayush Medical Service

(Regular/Contractual appointment and Service

Condition) Rule-2010 illegally forgiving the benefit to

the certain class. And/or pass such other order/orders

as may appear just and proper in the facts and

circumstances of the case.”

Learned counsel for the petitioner, under instructions,

fairly states that the petition, in its present form, may be

permitted to be withdrawn, reserving liberty to file afresh with

better particulars on the same and subsequent cause of action, if

so required and desired.

Prayer allowed.

Petition is disposed of as withdrawn with the liberty

aforesaid.

As and when such petition is filed, registry shall

process it immediately and have it listed before the appropriate

Court.

Also liberty reserved to the petitioner to take recourse

to such other remedies as are otherwise available in accordance

Patna High Court CWJC No.1811 of 2022 dt.24-03-2022

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with law.

Interlocutory application, if any, shall also stands

disposed of.

Rajiv/veena-

(Sanjay Karol, CJ)

( S. Kumar, J)

AFR/NAFR

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