KAUSHLENDRA KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the learned counsel for the petitioner as well as the B.P.S.C.

(2.) The petitioner has approached this Court for two reliefs; one being his regularization on the post of Lecturer in the Practice of Medicine (PM) for RRBTS Homeopathic Medical College and Hospital, Muzaffarpur, on which post, he has been teaching since January, 2015 and the secondly for modifying the advertisement issued by the B.P.S.C. vide Advertisement No. 34/17 for inviting applications for appointment of Lecturers in the Department of Practice of Medicine (PM) in Homeopathic College and Hospital.

(3.) The petitioner, pursuant to an advertisement issued by the B.P.S.C. in the year 2013 had been empanelled for being appointed on the post of Lecturer in the Practice of Medicine (PM) in the Government Homeopathic College. Because of his being successful in getting empanelled, he was asked to teach in the Muzaffarpur Homeopathic College but the nature of his appointment remained contractual and subsisted only for a period of one year, subject to further extention. In the year 2017, after receiving a requisition from the State of Bihar in its Health Department, the advertisement in question was issued showing two vacancies in the Department of Practice of Medicine (PM). Out of two vacancies, one was reserved for scheduled cast and the other was earmarked for general category(female). It is on this post that the petitioner has been working since 2015. Since the aforesaid reservation was made despite the petitioner having participated in the appointment process, his claim was rejected.