Srikant Tiwary And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14285 of 2014 ====================================================== 1.

Srikant Tiwary S/o Late Ram Sundar Chaudhary Resident of Village - Bhabhua, P.O. P.S. - Bhabhua, Ward No. 19, Distt - Kaimur. 2.

Lakshmi Prasad S/o Ram Naresh Prasad Resident of Village P.O. - Mokri, P.S. Bhabhua, District - Kaimur.

3.

Radheshyam Prasad S/o Gopichand Prasad Resident of Village - Bhabhua, Ward No. 10, Near New Gyatri Mandir, P.S. Bhabhua, District - Kaimur. ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna.

3.

The Director, Directorate of Consolidation, Land Development Bank, Fourth Floor, Budha Marg, Patna 4.

The Deputy Director, Directorate of Consolidation, Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajeev Kumar Singh For the Respondent/s :

Mr.Avnish Nandan Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 20-08-2019 Heard counsel for the petitioners and counsel for the respondents-State.

Writ petitioners pray that the respondents be directed to declare the petitioners as successful and give them contractual appointment on the post of Anusewak pursuant to Advertisement no. 01/2010.

Petitioners' case is that in the first list which was published pursuant to said advertisement i.e. annexure 4, petitioners' names were enlisted. Their names however, have been omitted in the second list and as such respondents have indulged in pick and choose and petitioners have been deprived

Patna High Court CWJC No.14285 of 2014(2) dt.20-08-2019 2/2 of their due consideration.

First list referred to by the petitioners is nothing but a list of applications. Process has culminated in provisional merit list which has been published on the website under due notice by paper publication dated 31.05.2014 (Annexure 6). The provisional merit list which was published (Annexure 7) allowed opportunity to the candidates to make their objection. Other than allegations made in the writ petition, there is nothing on record to show that the petitioners have raised any objection against the said provisional merit list. Apart from that this court would further observe that proceedings in which petitioners participated was not for a government employment but in respect of contractual engagement for which procedural parameter may differ.

In the aforesaid circumstance, this court would observe that no enforceable claim has been raised by the petitioners in the instant writ proceedings.

Writ petition is dismissed as devoid of merit. (Madhuresh Prasad, J) s.hassan/- U