The Patna High Court directed the Director of the Animal Husbandry, Patna in Bihar to consider and decide the representation of the Petitioner relating to the issue of Bihar Veterinary Service Appointment and Service condition Amendment Rules of 2020.
The Division Bench of Chief JusticeSanjay Karol and Justice S. Kumar disposed of a Public Interest Litigation (PIL) filed with the following prayer.
“i . Declaring the Rule 5 of ” Bihar Veterinary Service ( Appointment and Service condition ) ( Amendment ) Rules , 2020 ” read with Rule 5 ( 5 ) ( A ) of ” Bihar Veterinary Service ( Appointment and Service condition ) ( Amendment ) Rules , 2020 ” to be ultra vires .
ii. Quashing Clause 3 ( ii ) of resolution no . 12535 dated 17.09.2018 issued under the signature Under Secretary , General Administration Department , Govt . of Bihar , Patna .
iii. Quashing the advertisement no . 02/2022 regarding appointment of Touring Veterinary Doctor Officer and Equivalent on the 624 vacant posts , issued by Bihar Technical Services Commission .
iv. Issuance of direction to the respondents revising the reserve category eligibility in accordance with the resolution of the General Administrative Department resolution no.11364 dated 04.09.2017 .
V. For enhancing the maximum age for the candidates in the general category as well since there was no advertisement for the filling up the vacancies in the Bihar Veterinary Services since 2017 , when the last advertisement was published with regard to filling up the post of Veterinary Doctors.”
After the matter was heard for some time by the High Court , the counsel for the petitioners, under instruction, stated that petitioners shall be content if a direction is issued to the respondent no. 3 (Director, Animal Husbandry, Bihar, Patna),to consider and decide the representation, which the petitioner shall be filing on all issues including relaxation in terms of institution and age, within a period of four weeks from today for redressal of the grievance(s).
The counsel for the respondents states that if such representation is filed by the petitioners, the authority concerned shall consider and dispose of it expeditiously and preferably within a period of four weeks from the date of itr filing along with a copy of this order.
As such, the Bench disposed of the petition on the following terms:-
“(a) Petitioners shall approach the authority concerned within a period of four weeks from today by filing a representation for redressal of the grievance(s);
(b) The authority concerned shall consider and dispose it of expeditiously by a reasoned and speaking order preferably within a period of four weeks from the date of its filing alongwith a copy of this order;
(c) The order assigning reasons shall be communicated to the petitioner;
(d) Needless to add, while considering such representation, principles of natural justice shall be followed and due opportunity of hearing afforded to the parties;
(e) Also, opportunity to place on record all relevant materials/documents shall be granted to the parties;
(f) Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law;
(g) We are hopeful that as and when petitioners take recourse to such remedies, as are otherwise available in law,before the appropriate forum, the same shall be dealt with, in accordance with law and with reasonable dispatch;
(h) Liberty reserved to the petitioners to approach the appropriate forum/Court, should the need so arise subsequently on the same and subsequent cause of action;
(i) We have not expressed any opinion on merits.”