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Judgment
Heard learned Counsel for the petitioner, learned Counsel for the Bihar Technical Service Commission, learned Counsel for the Indira Gandhi Institute of Medical Sciences (IGIMS) and learned Counsel for the State.
The present writ petition has been filed by the petitioner with the following reliefs:-
“(I)For issuance of an appropriate writ/order/direction in the nature of mandamus commanding upon the Respondent authorities, particularly respondent Nos. 2 and 3, to constitute a fresh Medical Board and to conduct/organize a fresh vision/eye medical examination of the petitioner in relation to Advertisement No. 23/2025 for the post of Staff Nurse, and to obtain a second opinion with regard to the visual disability of the petitioner before any adverse decision is taken against him;
(II)For issuance of an appropriate writ/order/direction in the nature of mandamus commanding upon the respondents to consider and select the petitioner for appointment to the post of Staff Nurse against the vacant reserved post(s) under the VH category (VH-78), pursuant to Advertisement No. 23/2025, the petitioner having duly qualified the written examination and document verification, and the said posts still remaining vacant/unfilled;
(III)For issuance of an appropriate writ/order/direction quashing and setting aside the arbitrary, whimsical and unreasoned action of the Respondents in excluding the name of the petitioner from the final select list/merit list without assigning any reason and without furnishing the medical report/opinion on the basis of which the petitioner was found unfit, and without affording any opportunity of hearing/second opinion to the petitioner;
(IV)For issuance of a writ of certiorari or any other appropriate writ/order/direction calling for the entire records relating to the medical examination of the petitioner conducted at IGIMS, Patna, and the consequential exclusion of the petitioner from the final result, and after perusal thereof, to quash the same;
(V)For a direction upon the Respondents to disclose and supply to the petitioner a copy of the medical report/opinion in respect of the medical examination conducted at IGIMS, Patna and set aside the illegal and arbitrary opinion of the IGIMS, Patna;
(VI)For any other relief or reliefs for which the petitioner is found entitled to in the facts and circumstances of the case, in the interest of justice.”
Learned Counsel for the petitioner submits that petitioner completed the examination process but only on the ground of disability in the eye less than 50 per cent, he has not been selected finally and not permitted to join. Counsel further submits that vide Annexure-2, the disability certificate has been provided by the Civil Sergeon, Sadar Hospital Campus, Biharsharif, Nalanda by which he has been opined fit for joining.
Learned Counsel for the Bihar Technical Service Commission submits that Annexure-P/7 to the writ petition is the report by which it has been intimated that in view of the report of IGIMS opining disability of the petitioner less than 40 per cent, he is not entitled for grant of benefit. Learned Counsel for the Bihar Technical Service Commission further submits that not only the petitioner rather all candidates under this category have got themselves checked up by the expert of IGIMS, simplicitor and on the basis of report received from IGIMS, Patna, this decision has been taken.
Learned Counsel appearing for Indira Gandhi Institute of Medical Sciences submits that the report of the petitioner is absolutely right and it is according to the decision taken not by the individual rather by the Medical Board constituted by the IGIMS itself.
After hearing the parties, it transpires to this Court that there are two reports before this Court. One report is of Civil surgeon, Sadar Hospital Campus, Biharsharif, Nalanda while the other is of the Indira Gandhi Institute of Medical Sciences. As per the submissions, it transpires to this Court that the report of Indira Gandhi Institute of Medical Sciences is by the Medical Board whereas Annexure-2 on which the petitioner is relying is the certificate issued by the Civil Sergeon, Sadar Hospital Campus, Biharsharif, Nalanda. It goes without saying that report of Medical Board constituted by the IGIMS, Patna, shall prevail. As such, petitioner has no case.
Accordingly, the present writ petition stands dismissed.