PREM PRABHAKAR, S/O INDRADEO SINGH, RESIDENT OF VILLAGE Vs. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, DEPARTMENT OF HEALTH, OLD SECRETARIAT, PATNA

JUDGEMENT

(1.) The petitioners seek quashing of the memo No.5031, dated 3.6.2014, by which the respondent No.6 has cancelled their appointments made on contract basis.

(2.) As the case has a chequred history, it would be necessary to notice the facts of the case, in brief.

(3.) The petitioners in this writ application are all Ayush Homeopathic Doctors and as such the writ application is confined to the cancellation of the selection and appointment of Ayush Homeopathic Doctors. Their case is that they were appointed vide letter, dated 17.8.2011, as per the merit position, on account of non-joining of 16 Ayush Homeopathic Doctors, out of which 10 belonged to General category. They contend that in the general category of Homeopathic Ayush Doctors, not only the general category candidates but also the reserved category candidates who had secured higher marks were appointed vide letter, dated 5.8.2010, as contained in memo No.18951 (first list). However, 40 Ayush Ayurvedic Doctors, 16 Ayush Homeopathic Doctors and 6 Ayush Unani Doctors did not join. Out of 40 Ayush Ayurvedic Doctors, 26 of them were from general category. Similarly, out of 16 Ayush Homeopathic Doctors, 10 were from general category and out of 10 Ayush Unanai Doctors, 3 were from general category. The petitioners contend that second list, dated 17.8.2011 was prepared taking into consideration the number of vacancies remaining vacant category wise from first list on account of non-joining of 63 Ayush Doctors, who were appointed in terms of reservation policy. 4(a). A counter affidavit has been filed on behalf of the Bihar State Health Society, the Government as well as private respondents. The case of Dr. Kameshwar Prasad Singh, who challenged the appointments of general category candidates selected under second list, before the Bihar State Health Society was that the vacancies arising on account of non-joining of candidates, should not have been filled up by the respective candidates of categories concerned, but should have been considered as per the reservation policy. In other words, if 10 candidates from general category and 6 candidates from reserved category did not choose to join, the vacancy should have been filled up as per existing reservation policy. Therefore, the seats falling vacant on account of non-joining of 16 candidates, at least 8 should have been filled up from reserved category candidate on 50% reserved quota basis. 4(b) It was further case of Dr. Kameshwar Prasad Singh that such reserved candidates, who got appointed in various reserved categories in the first list, now again be adjusted according to his general merit list at their respective position in general merit list (according to general rank) and the resultant reserved categories vacancy in reserved quota should be filled up by fresh reserved category's waiting list candidates who could not get appointed. The contention of Dr. Kameshwar Prasad Singh, who belonged to reserved category, was accepted both by the General Administration Department as well as Bihar State Health Society. The stand of the State and Bihar State Health Society has been adopted by the private respondents too. Paragraph 7 of the counter affidavit filed by the Bihar State Health Society is quoted herein below for easy reference: