Durganand Ram v. The State Of Bihar

.... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Vivekanand Vivek, Adv For the State : Mr. Rajiv Kumar Singh GP2 & Mr. Ajit Kumar AC to GP-2. For respondent no. 4 : Mr. K. K. Sinha, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 2 22-11-2013 Heard learned counsel for the parties. The prayer of the petitioner in this writ application reads as follows:- "Commanding the respondents to prepare a panel and consider the name of the petitioner in the Panel to the Post of dresser against the application invited in the year 2007 and thereafter to appoint the petitioner on contract basis for which applied. " It is not in doubt that these posts on contract basis were advertised sometime in the year 2007 and no appointment have been made against those posts of Paridhapak (Dresser).

Patna High Court CWJC No.21302 of 2012 (2) dt.22-11-2013 2 Learned counsel for the petitioner has in fact emphasized that while all other posts advertised in the same transaction were filled up but the authorities did not even prepare panel for the post of Dresser and as such this Court may now issue a direction to the respondents to prepare a panel for the post of Dresser and consider the case of the petitioner for his appointment on the basis of his position in the panel. Mr. K.K. Sinha, learned counsel appearing on behalf of Bihar State Health Society on the other hand has submitted that the said advertisement for the post of Dresser in the year 2007 has not been acted upon and in fact when an earlier panel for the post of Dresser was made that was also cancelled in the year 2010 itself. In view of the fact that no one has been appointed on the basis of advertisement in the year 2007 and today a large number of applicants have become eligible as also the earlier selection process has been disbanded, this Court is not in a position to issue any direction for preparation of panel for appointment on the post of Dresser or considering the case of the petitioner for his appointment on a six year old advertisemetn.

Patna High Court CWJC No.21302 of 2012 (2) dt.22-11-2013 3 Law in this regard has been well settled by the Apex Court in the case of Shankarsan Dash Vs. Union of India reported in AIR 1991 SC 1612, wherein, it has been held that no indefeasible right is acquired by an empanelled candidate for his being appointed pursuant to the earlier advertisement whereafter even a panel was not prepared and as such, this Court does not find that the petitioner only on the basis of issuance of an advertisement for filling up the post of Dresser has acquired any right which can be enforced by him by filing this writ application. Considering all these aspects, this Court does not find any merit in the application and the same is, accordingly, dismissed. Ranjan/- (Mihir Kumar Jha, J)