Single judge directly dismissed a writ petition challenging appointment delays. The court held that enrolment in a panel for a limited contract scheme does not create a claim to force appointments.
The writ petition was rejected as having no merit.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10802 of 2016 =========================================================== 1. Abhay Kumar Singh, S/o - Gajendra Kumar Singh, R/o Vill - Arara, PO + PS - Adapur, Distt - East Champaran, Motihari. 2. Meraj Ahmad, S/o - Abdul Kalam, At - Chikpath, Distt - East Champaran, Motihari. 3. Saurav Kumar, S/o - Kamlesh Kumar, At - Chhota Bariyarpur, PO - Motihari Court, PS - Chhatauni, Distt - East Champaran, Motihari. 4. Chandulal Chandrakar, S/o - Gaurishankar Singh, Vill - Ratansayar, PO - Nunfarwa, PS - Patahi, Distt - East Champaran, Motihari. 5. Ajay Kumar, S/o - Shambhu Sharma, At - Chhota Bariyarpur, PO - Motihari Court, PS - Chhatauni, Distt - East Champaran, Motihari. 6. Jahangir Khan, S/o - Nazir Khan, At - Chikpath, Distt - East Champaran, Motihari. 7. Shashank Shekhar, S/o - Birendra Kumar Verma, At - Bhawanipur Zirat, Distt - East Champaran, Motihari. 8. Ravish Kumar, S/o - Ashok Prasad, Vill + PO - Gokhula, PS - Shikarpur, Distt - East Champaran, Motihari. 9. Sarwar Mozaffar, S/o - Mozaffar Imam Khan, At - Chikpath, Distt - East Champaran, Motihari. 10. Khursheed Alam, S/o - Md. Abbas Dewan, Vill + PO - Machargawan, PS - Kotwa, Distt - East Champaran, Motihari. 11. Kuresh Alam, S/o - Abbash Dewan, Vill + PO - Machargawan, PS - Kotwa, Distt - East Champaran, Motihari. 12. Mukesh Kumar, S/o - Rameshwar Prasad, Vill - Koirgawan, PO - Athmohan, PS - Jitna, Distt - East Champaran, Motihari. 13. Manoj Kumar Sharma, S/o - Shri Mahendra Sharma, Vill - Siswa Amwa, PO - Siswan, PS - Banjariya, Distt - East Champaran, Motihari. 14. Prithvi Prasad, S/o - Achchhelal Sah, Vill - Ajgari, PO - Ajgarh Math, PS - Banjariya, Distt - East Champaran, Motihari. 15. Aliullah Ansari, S/o -Zahir Ansari, Vill - Chhota Pakhnahiya, PO + PS - Palanwa, Distt - East Champaran, Motihari. .... .... Petitioners Versus 1. The State of Bihar through the Principal Secretary, General Administration Department, Govt. of Bihar, Patna. 2. The Mission Director, Bihar Administrative Reforms Mission Society, General Administration Department, Government of Bihar, Patna. 3. The Additional Mission Director, Bihar Administrative Reforms Mission Society, General Administration Department, Government of Bihar, Patna. 4. The District Magistrate, East Champaran, Motihari. 5. The Deputy Collector (Establishment), East Champaran, Motihari.
.... .... Respondents
Patna High Court CWJC No.10802 of 2016 dt.22-11-2016
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=========================================================== Appearance : For the Petitioners : Mr. Nikhil Kumar Agrawal, Advocate For the Respondents : Mr. Birju Prasad – GP 13 : Mr. Ashok Kumar : Mr. Amresh, A.C. to GP-13
=========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 22-11-2016
Heard the counsel for the petitioner and the counsel
for the State.
Mere enrolment of a name in a panel that too with regard to an engagement which is required to be made on contract for a limited period, under a scheme, does not create a right for any candidate or a person for a direction under Article 226 of the Constitution of India to make appointments.
The overlapping of the previous panel has already been explained in detail in para 11 of the counter affidavit. The Court is satisfied with the reason for doing so.
That by itself does not make out a case of discrimination where a directive is required to be issued in favour of petitioners.
There is a new advertisement and if they want to be considered, they may well join the queue for their consideration for engagement under the respondents.
Patna High Court CWJC No.10802 of 2016 dt.22-11-2016
3/3
This writ application has no merit and is accordingly,
rejected.
(Ajay Kumar Tripathi, J.)
rinkee/-
AFR/NAFR NAFR
CAV DATE
Uploading Date24.11.2016
Transmission
Date
1 issue framed by the court
Whether mere enrolment in a limited term engagement panel creates a right for a direction under Article 226 to make appointments.
Abhay Kumar Singh and others
The State of Bihar through the Principal Secretary, General Administration Department
The District Magistrate, East Champaran
Ajay Kumar Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
