Dismissed

Mukesh Kumar Gupta v. the State of Bihar and Ors.

Patna HC25 Jul 2012L.P.A/1451/2011

Case brief

AI extract

What is this about?

The High Court of Patna dismissed the Letters Patent Appeal filed by an appellant who was selected in 2010 for a two-year Block Accountant post but faced a delay in appointment. The court held that selection does not create an indefeasible right to appointment, especially for contractual posts, and affirmed the single Judge's order dismissing the writ petition.

What did the court decide?

Appeal dismissed in limine; Writ petition affirmed as rightly dismissed.

Mukesh Kumar Gupta Vs the State of Bihar and… — Pension and Retirement Benefits | Patna HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No. 1451 of 2011 In Civil Writ Jurisdiction Case No. 9381 of 2011.

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====================================================== Mukesh Kumar Gupta, Son of Sri Rameshwar Prasad Gupta, Resident of Mohallah- Bari Daulatpur, P.O. Jalalpur, P.S.- Jamalpur, District- Munger

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.... .... Petitioner - Appellant

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Versus

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The State of Bihar through the Principal Secretary, Department of Health, Government of Bihar, Patna

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The Executive Director, State Health Society, Government of Bihar, Patna

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The District Magistrate-cum-Chairman, Selection Committee, District Health Society, District- Lakhisarai

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The Civil Surgeon-cum-Member Secretary, District Health Society, District- Lakhisarai

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The Deputy Development Commissioner, Lakhisarai

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.... .... Respondents – Respondents.

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====================================================== Appearance:

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For the Appellant : Mr. Dhanendra Chaubey, Advocate.

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For the Respondents : Mr. Din Bandhu Singh, GP 9 and

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Mr. Ashhar Mustafa, AC to GP 9.

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====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE

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and

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HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH

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ORAL ORDER

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(Per: HONOURABLE THE CHIEF JUSTICE)

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6 25-07-2012 Feeling aggrieved by the order dated 25^th June 2011 made by the learned single Judge in CWJC No. 9381 of 2011, the writ petitioner has preferred this Appeal under Clause 10 of the Letters Patent.

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Pursuant to the Advertisement published on 15^th

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Patna High Court LPA No.1451 of 2011 (6) dt.25-07-2012

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2 / 2

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February 2007, the appellant had applied for appointment as Block Accountant under the District Health Society, Lakhisarai. Although the appellant was selected for appointment, he could not be appointed as the concerned project had not become operational. After the concerned project became operational in March 2011, fresh recruitment was made and the selected candidate has been appointed. The challenge against the fresh recruitment process before the learned single Judge has failed. Therefore, this Appeal.

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The advertisement dated 15^th February 2007 made it clear that the appointment was to be made for a period of two years. The selection of the appellant was made on 29^th April 2010.

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It is well settled that mere selection for appointment does not create an indefeasible right to appointment. Besides, the selection of the appellant was contractual for a period of two years. In our opinion, by mere selection for appointment, no right to appointment has been created unto the appellant. The appellant, therefore, cannot claim appointment per force.

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Learned single Judge has rightly dismissed the Writ

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Petition.

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No case for interference is made out. Appeal is dismissed in limine .

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(R.M. Doshit, CJ)

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(Ahsanuddin Amanullah, J)

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Dilip.

Mukesh Kumar Gupta v. the State of Bihar and Ors.

Case brief

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Mukesh Kumar Gupta v. the State of Bihar and Ors.

Case brief

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