Sanjay Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9773 of 2010 ====================================================== Sanjay Kumar, aged about 31 years, son of Sri Pulishdeo Ravidas, resident of village- Rahmadganj, P.O. & P.S.- Masaurhi, District- Patna. ... ... Petitioner

Versus

1. The State of Bihar

2. District Magistrate, Patna.

3. District Welfare Officer, Patna.

4. Executive Officer, Collectoriat, Patna.

5. Sub-Divisional Officer, Patna.

6. Arjun Ravidas, son of Ram Prasad Ravidas, resident of villageRahmadganj, P.O. + P.S.- Masaurhi, District- Patna. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Mukesh Kr.Thakur. Advocate For the Respondent/s :

G.P.-10 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date : 12-03-2018 Earlier the case was taken up on 28.02.2018, on that day, no one was present from the side of the petitioner. Even today, learned counsel for the petitioner is absent. However, learned counsel for the private respondent and State are present.

This matter relates to appointment of 'Vikas Mitra', which was for 11 months and after the expiry of period the appointment has come to end automatically.

In the writ application, the fact has been mentioned that only two persons were found suitable for the said post, Guriya Kumari, was at serial no.1 and the present petitioner was

Patna High Court CWJC No.9773 of 2010 dt.12-03-2018 2/2 at serial no.2. Guriya Kumari, refused to join and as such, naturally the petitioner should have been offered the job of 'Vikash Mitra'.

In the counter affidavit, it has been stated that altogether eleven persons applied for the said post and the name of the petitioner stands at serial no.7, he obtained 50.5% marks but Arjun Ravidas, respondent no.6, who has been appointed as 'Vikash Mitra' has secured 66.57% marks and as such he was offered the appointment of Vikash Mitra as the person having better marks having been offered the appointment and has been appointed.

The petitioner cannot be given relief sought for that too it is a contractual appointment and the period of engagement has already been elapsed.

In such view of the matter, this writ petition has been rendered infrucutous. Accordingly, this writ petition is dismissed.

(Shivaji Pandey, J) pawan/- AFR/NAFR N.A.F.R.

CAV DATE N/A.

Uploading Date 17.03.2018 Transmission Date N/A.