Prabhat Kumar Rai And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.323 of 2014 Arising out of Civil Writ Jurisdiction Case No. 11928 of 2008 ===========================================================

1. Prabhat Kumar Rai, Son of Late Sudama Rai, Resident of Satoshi Maa Path Mahabir Nagar, Sasaram, P.S. Sasaram District Rohtas

2. Satyendra Prakash, Son of Chandradeep Singh, Resident of Mohalla Premchand Path, Gourahhani, P.S. Sasaram, District Rohtas .... .... Writ Petitioners /Appellants

Versus

1. The State of Bihar Through Principal Secretary, Dept. of Human Resources, Govt. Of Bihar, Patna

2. The Director, Bihar Education Project, Beltron Bhawan, Shastrinagar Bailey Road, Patna

3. The District Magistrate Cum Chairman, Bihar Education Project , Rohtas, Sasaram

4. The Deputy Development Commissioner, Rohtas

5. The District Superintendent Of Education Cum District Project Co-Ordinator , Rohtas .... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. Raghunandan Kumar Singh For the State : Mr. Prabhakar Dwivedi, AC to SC 21 For Bihar Education Project Council : Mr. Girijesh Kumar =========================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA and HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE HEMANT GUPTA) Date: 19-07-2016 This Letters Patent Appeal is directed against the order dated 28.10.2013 passed by the learned Single Bench in CWJC No. 11928 of 2008.

The appellants applied for the post of Technical Supervisor under the Bihar Education Project, Rohtas at Sasaram, in response to the Advertisement dated 24th August, 2006. A panel of 39 candidates

Patna High Court LPA No.323 of 2014 dt.19-07-2016 2/2 was prepared for appointment including the names of the appellants as well. Since no appointment letter was issued, the petitioners made representation and later filed writ petition. The learned Single Bench has found that name of the appellant no. 1 is at serial no. 35 and that of appellant no.2 is at serial no.21 of merit list, whereas the candidates empanelled from serial no. 1 to 14 were given works. Since the appellants are lower in merit, they cannot claim any right for assignment of work and that too in a panel in the year 2006-07.

Consequently, we do not find any merit in the present appeal. The appeal is accordingly dismissed.

(Hemant Gupta, J) (Ahsanuddin Amanullah, J) mrl AFR/NAFR NAFR CAV DATE N.A.

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