Rana Pravin Kumar Solanki v. The State Of Bihar & Ors.

.... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajendra Prasad Singh, Sr Advocate Mr. Onkar Kumar For the Respondent/s : Mr. Abhay Shankar Jha Sc14 For Respondent nos. 2 to 4 :- Mr. K. K. Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER 3 14-02-2012 Appointment of the petitioner is on the basis of contract entered between him and the respondent Bihar State Health Society, a registered society under the Societies Registration Act. It is a contract for service and not of service. The terms and conditions of the contract emerges from the agreement entered into between the parties to the dispute which would be evident from perusal of the contract itself, a copy whereof is annexure-7 series as well as annexure-G annexed with the counter affidavit of the respondents. Petitioner has been given a month’s notice in terms of the agreement and his engagement terminated which has been dubbed by the learned Senior Counsel as arbitrary and violative of Article 14 of the Constitution of India. The Court has already expressed its opinion on similar matters earlier that in a matter of concluded contract, it is Patna High Court CWJC No.4297 of 2011 (3) dt.14-02-2012 2 the clauses of the agreement which is going to decide the dispute inter se between the parties and there may not be any occasion for a writ Court to intervene in such a matter. Even if it may be a case of deliberate breach of the terms of the contract but then deliberate breaches can also be taken care of before a court of law by invocation of common law remedy and not extraordinary remedy under Article 226 of the Constitution of India. The Court would not deliberately like to notice or comment upon the background or the circumstance under which the decision contained in annexure-1 or 2 came to be issued lest it any way reflect on the merit of the claim of either side but this Court will not intervene in this matter on the question of termination of the contract or agreement. This writ application is dismissed. Amin/- (Ajay Kumar Tripathi, J)