Manju Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.420 of 2018 ====================================================== Manju Kumari, wife of Sri Arbind Prasad Keshwari, resident of VillageBariyarpur P.O. Tara Bariyarpur East, P.S. and Anchal- Khodawantpur, District Begusarai.

... ... Petitioner

Versus

1.

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

2.

The Director, (I.C.D.S.) Integrated Children Department AdministratorCum- District Officer, District, Begusarai. 3.

The Collector Begusarai, District Begusarai.

... ... Respondents ====================================================== Appearance :

For the Petitioner :

Ms. Mira Kumari, Adv.

For the State :

Mr. Gyan Prakash Ojha -GA7 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT Date : 02-08-2022 Heard learned counsel for the petitioner and learned counsel for the State.

2. The writ application has been filed by the petitioner claiming appointment on the post of Lady Supervisor under the Integrated Child Development Scheme at Begusarai. She has participated in the process of selection under the Reserved category meant for backward classes.

3. It is her submission that her name figures in the merit panel at Sl. No. 101. The submission is that vacancies are still remaining, on which, the petitioner should have been appointed. The admitted position, however, is that only 48 persons appointed from the merit panel. The petitioner, being at Sl. No. 101 in the

Patna High Court CWJC No.420 of 2018 dt.02-08-2022 2/2 Merit Panel, this Court does not find any scope for the petitioner to have any legitimate expectation to be appointed based on the position on the merit panel. That apart, the law is well settled. The decision of the Apex Court in the case of Shankarsan Das vs. Union of India reported in (1991)3 SCC 47 has laid down that merely because a persons name figures in the merit list panel he/ she cannot claim any defeasible rights of appointment based on such position.

4. In view of the consideration above, this Court does not find that the petitioner has legally enforceable claim. The writ petition is devoid of merit and the same is dismissed. (Madhuresh Prasad, J) shyambihari/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 11-08-2022 Transmission Date