IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8503 of 2007 MAHENDRA SAH Versus THE STATE OF BIHAR & ORS ----------- 2/ 20/01/2009. Heard learned counsel for the petitioner and learned counsel for the State. The petitioner seeks a mandamus for appointment on a Class-4 post in the collectorate at Saharsa. The sheet anchor of the claim of the petitioner is a panel prepared in 1993 and subsequently in 1997. His grievance is that notwithstanding his empanelment he has been denied appointment. In pursuance of the orders of this Court in C.W.J.C. No.4021 and M.J.C. No.1001/06 in which the petitioner claims that he was also one of the petitioners, directions were issued for preparation of fresh panel. In pursuance thereof a panel has been prepared in the year-2007 in which the name of the petitioner has not been included. The law stands well settled that no appointment in Government service can be made except by open advertisement, inviting applications, comparative assessment of merit followed by appointment. It is equally well settled that no panel for appointment in Government service can have a life 2 beyond one year is it would violate Article-14 of the Constitution of India by shutting out others from being considered. It is also equally well settled that mere empanelment creates no right for appointment by itself. This Court in M.J.C. No.1001/06 had noticed that the respondents have issued an advertisement inviting applications for appointment. This Court has already held that such appointments can only be made after an open advertisement inviting applications and assessment of comparative merits of the candidates. Any panel prepared in contravention of this procedure has no sanctity in the eyes of law. It is for the petitioner to apply in response to such advertisement when his case is also required to be considered appropriately in accordance with law. This Court, therefore, finds it difficult to grant any positive relief to the petitioner, as sought for. The writ application is disposed in the aforesaid terms. KC ( Navin Sinha, J.)