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Judgment
Heard learned counsels for the respective parties.
In the instant appeal, the appellants-State have questioned the validity of the learned Single Judge order dated 08.10.2021 passed in CWJC No. 7282 of 2020 along with the connected matter. The learned Single Judge passed the following order in para 26 which reads as under:-
“26. With the aforesaid observations, the Court directs the Additional Chief Secretary, Health Department, Government of Bihar to take a final decision on the question of engagement of the petitioners and other similarly situated persons on contractual basis by allowing them to continue against posts of Dentists, which are vacant, after completion of the process of selection. Such decision must be taken within one month from the date of receipt/production of a copy of this order.”
Undisputed facts are that respondents were appointed on contract basis to the post of Dentist. While working as such Bihar Public Service Commission advertised 571 posts of Dentists. The respondents have participated in the process of selection and appointment and they were unsuccessful as their names were not reflected in the order of appointment issued in the month of December, 2019. The selecting and appointing authority have not filled up 73 Dentists post and it is required to carry forward to the next recruitment in terms of the State policy decision. However, the respondents were appointed on contract basis to the post of Dentists which were not filled up even to this day.
In the light of learned Single Judge’s order read with the policy decision of the State Government dated 17.09.2018 to continue such post on contract basis till next recruitment takes place is to be taken note of for the purpose of respondents to the post of Dentist on contract basis.
We find no infirmity in the order of the learned Single Judge. Therefore, the concerned selecting and appointing authority is hereby directed to continue service of the respondents on contract Dentist who were already working on contract basis till regular recruitment takes place. The appellant-selecting and appointing authority to the post of Dentist is hereby directed to proceed to recruit remaining 73 Dentists Post within a reasonable period of six months time.
With the aforesaid observations, the Letters Patent Appeal No. 98 of 2022 stands disposed off.