Manju Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL REVIEW No.291 of 2022 In Civil Writ Jurisdiction Case No.420 of 2018 ====================================================== Manju Kumari W/o Arbind Prasad Kesari, Resident of Village- Bariyarpur, P.O. Tara Bariyarpur, East, P.S. and Anchal Khodawantpur, Distt.- Begusarai. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary Department of Social Welfare Government of Bihar, Patna.

2.

The Director (I.C.D.S.) Integrated Children Department Administrator-CumDistrict Officer, Distt- Begusarai. 3.

The Collector, Begusarai, Distt- Begusarai.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mrs.Mira Kumari, Advocate For the Opposite Party/s :

Mr.Gyan Prakash Ojha, GA-7 Mr. Abhinav Ashok, AC to GA-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 24-07-2025 Heard Mrs. Mira Kumari, learned counsel for the petitioner and the State.

2. The present petition has been preferred for the following relief/s:

(i) for review of the order dated 02.08.2022 passed in C.W.J.C. No. 420 of 2018 by Hon'ble Mr. Justice Madhuresh Prasad (as his Lordship then was).

3. The matter was taken up by the writ court in C.W.J.C. No. 420 of 2018 on 02.08.2022 and the Court beside dealing with facts recorded that mere presence in the merit panel

Patna High Court C. REV. No.291 of 2022(3) dt.24-07-2025 2/2 does not give any right for the appointment citing the case of Shankarsan Das vs. Union of India reported in (1991) 3 SCC 47 has been laid down to record that merely because the name of a person figures in the merit list panel, he/she cannot claim an indefeasible right based on such claim.

4. Learned counsel for the review petitioner submits that to her knowledge, the seats are still vacant.

5. Learned State counsel submits that the matter is of the year 2012, though, first final appointment came to be made later after the order of the Patna High Court, fresh selection process has to be initiated and the petitioner cannot have any lay on the panel of 2020.

6. Considering the submissions of the parties, this Court do not find any merit in the review petition, the writ court has rightly taken note of the aforesaid judgment of the Hon'ble Apex Court to record that mere present in the panel does not give anyone the right to be appointed.

7. The review petition is bereft of merit, dismissed. (Rajiv Roy, J) Ravi/- U