IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No. 14467 of 2006 1. BINOD KUMAR, SON OF SRI MATAR YADAV, RESIDENT OF VILLAGE – LALPATTI, P.O.+P.S. – TRIVENIGANJ, DISTRICT-SUPAUL 2. MANIKANT KAMAT, SON OF LATE RAM GULAM KAMAT, RESIDENT OF WARD NO. 18, SUPAUL P.S. + DISTRICT- SUPAUL 3. SANTOSH KUMAR CHOUDHARY, SON OF SHRI JAGDISH CHOUDHARY, RESIDENT OF WARD NO. 11, SAPUAL, P.S.+ DISTRICT-SUPAUL 4. SIYA RAM RAM, SON OF SHRI PRASADI RAM, RESIDENT OF VILLAGE – PATHARA, P.S. PIPRA, DISTRICT-SUPAUL 5. ASHOK KUMAR AKELA, SON OF SHRI BISHNU PRASAD YADAV, RESIDENT OF VILLAGE MAHUA, P.S.+ DISTRICT- SUPAUL 6. GANGA KUMAR GAURAV, SON OF SHRI BAIBHADRA YADAV, RESIDENT OF GANGAPATTI, P.S. + DISTRICT- SUPAUL 7. UPENDRA KUMAR YADAV, SON OF LATE DUKHAN YADAV, RESIDENT OF VILLAGE – PATHARGHATTI, P.S. – TRIVENIGANJ, DISTRICT-SUPAUL 8. VIDYAKAR YADAV, SON OF SARYUG YADAV, RESIDENT OF VILLAGE KATEYA MAHE, P.S. – PIPRA, DISTRICT- SUPAUL 9. PANKAJ KUMAR CHOUDHARY, SON OF ASHOK KUMAR CHOUDHARY, RESIDENT OF WARD NO. 7, SUPAUL, P.S.+ DISTRICT-SUPAUL 10. MD. ABDUL SAKUR, SON OF MD. SABRATI, RESIDENT OF VILLAGE – GANGAPATTI, P.S.+ DISTRICT-SUPAUL 11. UMESH PASWAN, SON OF SHRI RAMAWATAR PASWAN, RESIDENT OF SUKAILA, P.S.+ DISTRICT- SUPAUL 12. DINESH KUMAR RAM, SON OF SHRI MUNNI RAM, RESIDENT OF VILLAGE-CHAPLA, P.S.-PIPRA, DISTRICT- SUPAUL 13. PRAKASH KUMAR DAS, SON OF LATE SARYUG LAL DAS, RESIDENT OF VILLAGE-BAURAHA, P.S.-RAGHOPUR, DISTRICT-SUPAUL 14. SITARAM YADAV, SON OF BISO YADAV, RESIDENT OF VILLAGE – TULAPATTI, P.S.-PIPRA, DISTRICT-SUPAUL 15. RAM CHANDRA KAMAT, SON OF LATE LAXMI KAMAT, RESIDENT OF WARD NO. 9, SUPAUL, P.S.+ DISTRICT- SUPAUL 16. MD. ABU BAKAR SIDDIQUE, SON OF SRI NAZIR SIDIQUE, RESIDENT OF VILLAGE – CHAINSINGHPATTI, P.S.+ DISTRICT-SUPAUL 2 17. RAMCHARITAR THAKUR, SON OF DEBU THAKUR, RESIDENT OF VILLAGE – GAURABGARH WARD NO. 5, P.S.+ DISTRICT-SUPAUL 18. VIJAY KUMAR JHA, SON OF DINESHWAR JHA, RESIDENT OF WARD NO. 17, SUPAUL, P.S.+ DISTRICT- SUPAUL 19. MAHENDRA PASWAN, SON OF LATE NEBI PASWAN, RESIDENT OF VILLAGE – MALHAR, P.S.+ DISTRICT- SUPAUL 20. RAJENDRA MANDAL, SON OF SIYARAM MANDAL, RESIDENT OF VILLAGE – DINA ANDAULI, P.S.+ DISTRICT-SUPAUL 21. RAMAIYA RAI, SON OF LATE KALESHWAR RAI, RESIDENT OF WARD NO. 9, SUPAUL, P.S.+ DISTRICT- SUPAUL 22. ABHAY SHANKAR MANDAL, SON OF BHAIYA LAL MANDAL, RESIDENT OF VILLAGE – KATEYA MAHA, P.S.- PIPRA, DISTRICT-SUPAUL 23. DURGA KANT MISHRA, SON OF CHANDRAKANT MISHRA, RESIDENT OF PARSARMA, P.S.+ DISTRICT- SUPAUL 24. DEVENDRA CHAND SAUKING, SON OF BHOLA PD YADAV, RESIDENT OF WARD NO. 22, SUPAUL, P.S. DISTRICT-SUPAUL 25. TARUN KUMAR THAKUR, SON OF LATE ANIRUDH THAKUR, RESIDENT OF VILLAGE + P.S.-BANGAON, DISTRICT – SAHARSA 26. ARUN KUMAR, SON OF SHRI BHARAT LAL SAH, RESIDENT OF VILLAGE – LALPATTI, P.S.+TRIVENIGANJ, DISTRICT-SUPAUL 27. ARUN KUMAR THAKUR, SON OF LATE ANIRUDH THAKUR, R/O VILLAGE + P.S. –BANGAON, DISTRICT – SAHARSA 28. RAJIV KUMAR SUMAN, SON OF SRI UMA KANT JHA, RESIDENT OF VILLAGE + P.S. – KAHRA, DISTRICT- SAHARSA 29. GYANDEO KUKHIYA, SON OF KHUSHI LAL MUKHIYA, RESIDENT OF VILLAGE - NONPAR, P.S. – BHAPTIYAHI, DISTRICT-SUPAUL 30. RAMESH RAM, SON OF SHRI HIMAY RAM, RESIDENT OF VILLAGE KATEYA MAHE, P.S.-PIPRA, DISTRICT- SUPAUL 31. ARUN KUMAR SAH, SON OF LATE BUDHAN SAH, RESIDENT OF VILLAGE – SUNDARPUR, P.S.+ DISTRICT- SUPAUL 32. MD. SHAMIM, SON OF MD. MUSLIM, RESIDENT OF VILLAGE – GANGAPATTI, P.S.+ DISTRICT-SUPAUL 33. MD. MURTUZA, SON` MD. TAIYAB, RESIDENT OF VILLAGE GANGAPATTI, P.S.+ DISTRICT-SUPAUL 3 34. CHOTTA LAL SHARMA, SON OF MANGER SHARMA, RESIDENT OF WARD NO. 1, SUPAUL, P.S.+ DISTRICT- SUPAUL 35. JAI NARAYAN YADAV, SON OF SHRI WARIS LAL PRASAD YADAV, RESIDENT OF VILLAGE – LAUKAHA, P.S.+ DISTRICT-SUPAUL 36. RAJA RAM CHOUDHARY, SON OF SHRI SHEONANDAN CHOUDHARY, RESIDENT OF VILLAGE – BASHA, P.S.- PIPRA, DISTRICT- SUPAUL 37. MD. ABDUL SAMAD, SON OF MD. S. K. SULEMAN, RESIDENT OF VILLAGE – PIPRA, KHURD, P.S.+ DISTRICT-SUPAUL 38. RAJA CHANDRA YADAV, SON OF LATE KESHWAR YADAV, RESIDENT OF VILLAGE LAUKAHA, P.S.+ DISTRICT-SUPAUL 39. MAHESH THAKUR, SON OF SHRI BHOLA THAKUR, RESIDENT OF VILLAGE – PATHRA, P.S.-PIPRA, DISTRICT – SUPAUL 40. SATYA NARAYN SAH, SON OF LATE BAUKA SAH, RESIDENT OF WARD NO. 9, SUPAUL, P.S.+ DISTRICT- SUPAUL 41. SHIV NANDAN THAKUR, SON OF BINDESHWARI THAKUR, RESIDENT OF WARD NO. 10, SUPAUL, P.S.+ DISTRICT-SUPAUL 42. GANESH KAMAT, SON OF LATE BHAGWAT KAMAT, RESIDENT OF WARD NO. 8, SUPAUL, P.S.+ DISTRICT- SUPAUL 43. UPENDRA KUMAR, SON OF BECHAN RAM, RESIDENT OF VILLAGE + P.O.- LATAUNA, P.S. – TRIVENIGANJ, DISTRICT-SUPAUL ……………….. PETITIONERS VERSUS 1. THE STATE OF BIHAR 2. THE COMMISSIONER, KOSHI DIVISION, SAHARSA 3. DISTRICT MAGISTRATE, SUPAUL 4. DISTRICT ESTABLISHMENT DEPUTY COLLECTOR, SUPAUL ………………….. RESPONDENTS ***** FOR THE PETITIONER: MR. BISHNU KANT DUBEY, ADV. FOR THE STATE: MR. AMARESH KUMAR SINHA, AC TO GA-5 ----------- 02. 04.05.2011 Heard learned counsel for the petitioners and the State. 4 There are 43 petitioners, who have filed this application for a direction to the Respondents, District Magistrate, Supaul to issue appointment letters to the petitioners, since the name of the petitioners find place in the panel, prepared in the year 2000. The panel was prepared in response to Advertisement No. 1/2000. Through Advertisement No. 01/2000, only 16 vacancies were advertised, but a panel of 100 persons was prepared. All these persons, whose names were there in the panel, started claiming a right for being appointed simply on account of their names being in the panel. Petitioners of this Writ Application are claiming that the panel was prepared not only in respect to 16 vacancies advertised, but also in relation to future expected vacancies. I fail to understand that the posts, which were not advertised how can be filled from a panel, prepared against some particular vacancies. There is no Government decision in this regard in order to show that subsequent vacancies were also decided to be filled up from a panel prepared with respect to Advertisement No. 1/2000. Counsel appearing for petitioners has also 5 not been able to bring any document on record to show that the life of the panel prepared in 2000 was decided to be extended on account of some administrative exigencies. For similar relief C.W.J.C. No. 17410 of 2009 as well as C.W.J.C. No. 4341 of 2005 have been filed by those persons, whose names were also in the panel prepared in respect to the Advertisement No. 01/2000. Those Writ Applications were dismissed on the ground that the panel was prepared in excess of the post advertised and the life of the panel prepared in the year 2000 can not be deemed to be continued till now. Legally the life of the panel is for one year and on expiry of that period, no direction for appointment can be made from such panel. Considering all these facts, I do not find any merit in this application. The Writ Application is disposed of with a direction to Respondents to fill up the vacant sanctioned post of Supaul Collectorate within a maximum period of one year. If the petitioners applied in response to thereof, they are required to be considered in accordance with law. If the appointments on sanctioned vacant posts are not completed within a period of one year, all daily 6 wage appointments in the Supaul Collectorate against sanctioned vacant posts shall cease and the responsibility for which shall lie with the authorities themselves for having created this piquant situation. SKM (Mridula Mishra, J.)