The appellant challenged the fresh advertisement issued for Anganbari Sevika posts. The High Court held that non-holding of Aam Sabha justified aborting the selection process and dismissed the appeal.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.768 of 2014
Arising out of
Civil Writ Jurisdiction Case No. 23446 of 2012
=========================================================== Kusum Kumari @ Kusum Devi wife of Dhanraj Paswan resident of Village Jhala, P.S. Kurli, Kot, District- Kishanganj.
.... .... Appellant/s
Versus
.... .... Respondent/s
===========================================================
Appearance :
For the Appellant/s : Mr. Mukesh Kumar Jha, Advocate. For the State : Mr. Md. Nasrul Huda Khan, SC-1.
=========================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA
and
HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE HEMANT GUPTA) Date: 27-09-2016
The grievance of the appellant is that an advertisement was published on 25.05.2011 to fill up the post of Anganbari Sevika . The appellant applied for Anganbari Sevika and the combined merit result published on 11.07.2011 but thereafter without assigning any reason, a fresh advertisement has been published on 28.08.2012. It is contended that the process of selection which has once started cannot be cancelled in the manner adopted by the respondents.
In the counter affidavit filed on behalf of the respondents before the learned Single Bench, the stand is that the process of selection was carried out without holding Aam Sabha which is a
Patna High Court LPA No.768 of 2014 dt.27-09-2016
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mandatory requirement and that a fresh selection process has been set in motion which will be carried by following prevalent guidelines and rules as applicable.
We do not find any merit in the present Letters Patent Appeal. The mere fact that the appellant was the applicant in pursuance of an earlier advertisement issued will not confer any right to her for appointment as the selection process can be aborted at any point of time for good and sufficient reason. Non-holding of Aam Sabha is good ground for scraping the selection process. Still further, even if there was no specific order for scraping the selection process but consequent to the finding that Aam Sabha was not convened to complete the selection process, therefore, the issuance of fresh advertisement lead to irresistible conclusion that the earlier selection process has been scraped.
In view thereof, we do not find any merit in the present Letters Patent Appeal and the same stands dismissed.
(Hemant Gupta, J)
(Ahsanuddin Amanullah, J)
P. Kumar/Anjani
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2 issues framed by the court
Whether the selection process for Anganbari Sevika post could be aborted due to non-holding of Aam Sabha.
Whether an earlier advertisement confers a right for appointment if selection process is aborted.
Kusum Kumari @ Kusum Devi
The State of Bihar
Hemant Gupta
Ahsanuddin Amanullah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
