Dilip Kumar v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1280 of 2014 Arising out of Civil Writ Jurisdiction Case No. 22336 of 2011 Along with Interlocutory Application No.6997 of 2014 =========================================================== Dilip Kumar, son of Late Prasadi Shaw, resident of at- Nawada- Gaya Road, Bhadauni, P.O.+P.S.+District- Nawada, Pin Code- 805110 (Bihar). .... .... Petitioner- Appellant
Versus
1. The State of Bihar.
2. The Commissioner of MANREGA Cum Chief Executive Officer, Bihar Rural Development Society, Govt. of Bihar, Old Secretariat, Patna, Pin- 800001 (Bihar).
.... .... Respondent/s =========================================================== Appearance :
For the Appellant : Mr. Atif Inam, Advocate For the Respondents : Mr. Roy Shivajee Nath, A.A.G.-3 Mr. Amarendra Kumar, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA And HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE HEMANT GUPTA) Date: 09-05-2016 Re.: Interlocutory Application No.6997 of 2014 The application is for condonation of delay of 45 days in filing of the appeal.
For the reasons mentioned in the application and explained by the learned counsel for the appellant, we find that sufficient cause is made out for condonation of delay. Consequently, the delay of 45 days in filing of the appeal is condoned.
Patna High Court LPA No.1280 of 2014 dt.09-05-2016 2/3 Interlocutory Application stands allowed accordingly. Re.: Letters Patent Appeal No.1280 of 2014 The appellant was one of the petitioners who invoked the writ jurisdiction of this Court with a grievance that written test was taken in the year 2007, but he has not been appointed. The appellant has sought direction to the respondents to appoint the appellant. The appellant was a candidate for the post of Senior Accounts Officer. The appellant was sought appointment on contractual basis against the said post advertised. A written test was held in the year 2007, but the appellant could not qualify the written test. Subsequently, in the year 2010, the State Rural Development Society sought fresh consent for appointment on contractual basis. The grievance of the appellant is that even after giving consent, the appellant has not been appointed.
We do not find that mere participation in the selection process gives any enforceable right to the appellant to seek a mandamus for a direction to appoint him. The selection does not confer any enforceable right for it is well settled. In State of Haryana Versus Subash Chander Marwaha & Ors, AIR 1973 SC 2216, the Hon'ble Supreme Court held that mere selection does not give any right to the selected candidate to seek appointment.
In view thereof, we do not find any error in the order
Patna High Court LPA No.1280 of 2014 dt.09-05-2016 3/3 passed by the learned Single Bench which may warrant interference in the present intra court appeal. The Letters Patent Appeal, thus, stands dismissed.
(Hemant Gupta, J.) (Ahsanuddin Amanullah, J.) Sunil/- AFR/NAFR CAV DATE N. A.
Uploading Date 11.05.2016 Transmission Date