JAWAHAR LAL SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THESE fifteen writ applications involve only one question as with regard to relaxation of age for appointment on the post of Pharmacist and, therefore, they have been heard together and are being disposed of by this common judgment. The facts giving rise to these writ applications lie in a very narrow compass, inasmuch as, the post of Pharmacist in the Health Department of the Government of Bihar having been not filled up at least from 1990 onwards, a few diploma holders in Pharmacy had initially moved this Court by filing their writ application, CWJC No. 4302 of 1998 with a prayer for issuance of a direction to the State of Bihar for filling up the post of Pharmacist as also discontinuing the existing arrangement of taking work from unqualified persons on the post of Pharmacist.

(2.) THIS Court by an order dated 21.7.1999, after considering the stand of the respondent State of Bihar, had directed the Commission -cum -Secretary of the Health Department to decide the grievance of the petitioners of CWJC No. 4302 of 1998. It was made clear by this Court that if the vacancy on the post of Pharmacist in one or the other surgency was being manned by ad hoc arrangement for years together and have not been filled up on regular basis, direction would be issued to the competent authority to fill up such post of Pharmacist alter preparation of advertisement in accordance with law within a period of four months from the date of receipt of the representation of the writ petitioners of CWJC No. 4302 of 1998. It was further directed that the process of selection and appointment for filling up the vacant post of Pharmacist be completed within a period of one year from the date of filing of the representation by the petitioners. Before parting with, this Court in the order dated 21.7.1999 had also observed that if the post of Pharmacist have not been filled up for years together and, thereby, eligible candidates were deprived to apply for such post, the question of relaxation of age for such persons become over -aged should also be considered.

(3.) AS the turn of events could have its own impact, the erstwhile State of Bihar was bifurcated with effect from 15.11.2000 and the advertisement for the post of Pharmacist issued on 25.1.2000 was happily forgotten despite direction of this Court to fill up the vacant post of Pharmacist within a period of one year from the date of filing of the representation by the petitioners of CWJC No. 4302 of 1998, which in fact had expired well before 15.11.2000. Thus, the officials of the Health Department of the Government of Bihar had clearly violated the order of this Court dated 21.7.1999, firstly by not deciding the issue of relaxation of age and secondly by not completing the process of selection and for this purpose, it would be now relevant to quote the order of this Court dated 21.7.1999 in CWJC No. 4302 of 1998, wherein, the relevant portion of the direction whose violation was made by the officials of the State of Bihar has been underlined for emphasis by this Court: - -