RAMANAND RAUT, SON OF LATE VINDYACHAL RAUT Vs. STATE OF BIHAR THROUGH THE COLLECTOR-CUM- DISTRICT MAGISTRATE, WEST CHAMPARAN, BETTIAH

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the State.

(2.) Petitioner an employee of the M.P. Chini Industries Limited, Majhaulia, West Champaran (hereinafter referred to as the Sugar Factory) has filed this writ application for a direction to the Civil Surgeon-cum-Chief Medical Officer, Bettiah to determine his age and submit report to his employer Sugar Factory so that the erroneous age recorded in the service book of the petitioner is corrected. In this connection, reliance is placed on the order passed by this Court dated 5.3.2008 in C.W.J.C. No. 4400 of 2007, Annexure-5, whereunder the Civil Surgeon- cum-Chief Medical Officer, Bettiah was directed to conduct medical test on the petitioners of that case and submit report with further direction to the Sugar Fac- tory to correct the service book of the petitioners of that case. Similar direction was issued by another Bench of this Court under orders dated 11.5.2009 passed in C.W.J.C. No. 17334 of 2008 which is contained in Annexure-6 to this application. It is submitted that similar direction as is contained in Annexures-5 and 6 be issued in the case of the present petitioner as well. I refuse to exercise my jurisdiction for such purpose as petitioner being an employee of the Sugar Factory, which is not a State within the meaning of Article 12 of the Constitution of India cannot ask this Court to get his age ascertained by the Civil Surgeon, whose job is not to ascertain the age of the citizen as he is required to serve the surgency by supervising the Government Hospital situate within his surgency as also to ensure implementation of the health scheme of the Government. The age determined by the Civil Surgeon is not binding on the Sugar Factory. Sugar Factory being not a State is not amenable to the writ jurisdiction of this Court. Accordingly, I do not find any merit in the writ application, which is dismissed.