CIVIL WRIT JURISDICTION CASE No 2677 OF 1998 *** In the matter of applications under Article-226 of the Constitution of India. *** 1 Tarkeshwar Mishra, son of Baldau Mishra, resident of village + P O – Manguraha, P S – Govindganj, District – East Champaran (Motihari) 2 Ashok Kumar, son of Ram Sewak Thakur, resident of village – Rani Khetari, P O – Raj Khand, P S – Aurai, District – Muzaffarpur 3 Hari Bhushan Kumar, son of late Bhubneshwar Singh, resident of village + P O + P S – Vaishali, District – Vaishali 4 Smt Renuka Sinha, wife of Sri Arvind Kumar, resident of Mohalla – Shastri Nagar, Road No 2, P O + P S + District – Munger 5 Sri Bhupendra Prasad, son of Garib Sahu, resident of village + P O – Tulapatti, P S – Pipra, District – Saharsa 6 Sri Shyam Deo Prasad Singh, son of Sri Mohi Prasad Singh, resident of village – Mandil Chak, P O – Mandil, P S – Paras Bigha, District – Jehanabad 7 Param Hans Roy, son of Raj Ballav Roy, resident of village + P O – Nauroo, P S – Parasbigha, District – Jehanabad 8 Sri Sanjay Kumar Sinha, son of Sri Surendra Pd Singh, resident of Mohalla – Panjabi Colony, Gali No 1, P O + P S + District – Samastipur 9 Sri Mahesh Sah, son of Sri Mangar Sah, resident of village – Dariyapur, P O – Pitmas, P S - Naubatpur, District – Patna 10 Smt Asha Gope, Daughter of Babulal Gope, resident of Mohalla – Medical Colony, Qr No 399 (B), P O + P S – Khagaul, District – Patna 11 Sri Chandra Kant Mahto, son of Domi Mahto, resident of village – Gidrahi, P O – Parikonch, P S – Marauna, District – Saharsa 12 Sri Dina Nath Prasad, son of Madeshwar Prasad Yadav, resident of village – Harigaun, P O + P S – Belaganj, District – Gaya 13 Smt Usha Kumari, daughter of Laxman Pd Gupta, resident of Mohalla – Begampur, Near Imbara, P O – Ara Chok, P S – Ara, District – Bhojpur 14 Smt Sunita Kumari, daughter of Keshav Lal, resident of village – Makhdumpur, P O – Nawabganj Road, P S – Makhdumpur, District – Jehanabad 15 Sri Sudhir Kumar Mandal, son of Bhuneshwar Prasad Mandal, resident of village – Nuruddinpur, Dudhaila, P O – Amri, Bisanpur, P S – Bihpur, District – Bhagalpur 16 Sri Ramesh Thakur, son of Aditya Thakur, resident of village – Dumri, P O – Lakhaipur, P S – Mohanpur, District – Gaya 17 Sri Gita Prasad Singh, son of late Rajendra Pd Singh, resident of village – Laxmipur, P O – Lohchi, P S – Khragpur, District – Munger 18 Sri Arjun Mandal, son of late Darwari Mandal, resident of village + P O – Bakiya Diara, P S – Pirpanti, District – Bhagalpur 19 Sri Ram Uchit Mandal, son of Kishori Mandal, resident of village – Pakariya, P O – Chapri, District – Godda 2 20 Sri Francis Kulu, son of Julious Kulu, resident of village – Takwa, P O – Keunddih, P S – Simdega, District – Gumla 21 Sri Prabhu Narayan Das, son of Sri Musharu Das, resident of village – Abash Board, P O – Koshi College, Khagaria, P S + District – Khagaria 22 Sri Satyendra Prasad Singh, son of Sri Mathura Prasad Singh, resident of village + P O – Nachap, P S – Akma, District – Chapra (Saran) - Petitioners Versus 1 The State of Bihar 2 The Chairman, Vidyalaya, Seva Board, Bihar, Patna, Biscomaun Tower, Gandhi Maidan, Patna 3 The Secretary, Vidyalaya Seva Board, Bihar, Patna 4 The Director, Secondary Education, Bihar, Patna 5 The Deputy Director, Secondary Education, Bihar, Patna 6 The Education Commissioner –cum- Secretary, Secondary Education, Bihar, Patna 7 The Secretary, Personnel and Administrative Reforms, Bihar, Patna 8 The Additional Secretary, Personnel & Administrative Reforms, Bihar, Patna 9 The Deputy Secretary, Personnel and Administrative Reforms, Bihar, Patna - Respondents W I T H CWJC No 1321 of 1998 1 Satish Chandra Rai, son of Ram Dahin Rai, resident of village – Shankarpur, P O – Bardaha, P S – Asaw via Jeeradei, District – Siwan 2 Keshav Kumar Thakur, son of Sri Harish Chandra Thakur, resident of Mohalla – Mahendru Ghagha Ghat Road, P O – Mahendru, P S – Sultan Ganj, District – Patna through Sri Bisheshwar Chaudhary (B L Thakur) presently residing at village – Bituhar, P O – Sothigaon, P S – Harlakhi, District – Madhubani 3 Smt Veena Kumari, daughter of Sri Dewak Singh through Sri Upendra Thakur, resident of Kachahari Road, Pokhara Mohalla, P O – Hajipur Town, P S – Hajipur, District – Vaishali 4 Ashok Kumar, son of Sri Ram Swarath Kumar, resident of village + P O – Farda Jamalpur, P S – Naya Ram Nagar Safiabad, District – Munger 5 Pramod Roy, son of Sri Ram Chandra Roy, resident of Village + P O – Rani, Via Bachhwara, P S – Bachhwara, District – Begusarai 6 Smt Shaista Kauser, daughter of Basarat Karim through Athar Karim, resident of Mohalla – Alamganj Shaka Toli, P O – Gulzarbagh, P S – Aalamganj, District – Patna 7 Bipin Kumar, son of Sri Nathun Singh, resident of village – Narma, P O – Mohiuddinpur, via Fatuha, P S – Fatuha, District – Patna 8 Surendra Prasad Panday @ Suresh Prasad Panday, son of Sri Gangadhar Panday, resident of village – Rami Rampur, P O – Dholi, P S – Sakra, District – Muzaffarpur 3 9 Kumari Meena Singh, daughter of Sri Ram Pratap Singh (Assistant Teacher) J K High School, Begusarai, Tow + P S – Begusarai, District – Begusarai 10 Dilip Kumar Diwakar, son of Radha Prasad Vishwavas, resident of village – Fariyani, P O – Khota, P S – Kritya Nand Nagar, District – Purnea 11 Rabindra Kumar Singh, son of Sri Mathura Prasad Singh, resident of village and P O – Nachap, via Akma, P S – Akma, District – Chapra 12 Chandra Bhushan Rai, son of Sri Jagesh Rai, resident of village – Kharaon Khurd, P O – Andhari, P S – Sahar, via – Khutha, District – Bhojpur 13 Nayeem Akhter, son of Sri Aleemuddin, resident of village + P O + P S – Kochadhaman via – Southa, District – Kishanganj 14 Rekha Kumari, daughter of Sri J P Singh, resident of Mohalla – Fatehpur, Jharia, P O + P S – Jharia, District – Dhanbad 15 Smt Prabha Kumari, daughter of Laxmi Narayan Jha, resident of Aparajeeta Kutir, New Balbhadra Laheria Sarai, District – Darbhanga 16 Sri Kant, son of Gireshwari Sharma, resident of village + P O – Sanda, P S – Tekari, District – Gaya 17 Shaheda Anwar, daughter of S Anwar Hussain, resident of Mohalla – Dariyapur, Kutubuddin Lane, Bankipur, Patna, P S – Pirbahoure, District – Patna 18 Ramrup Yadav, son of Sri Dukhan Yadav, resident of village – Chandrehta, P O + P S – Rafiganj, District – Aurangabad, presently residing at Quarter No 31 (B), Railway Colony, Rafiganj, P S – Rafiganj, P S – Rafiganj, District – Aurangabad 19 Anil Kumar, son of Janardan Singh, resident of Vidyut Board Colony, Quarter No C A B/F-5, Shastri Nagar, Patna, P O + P S – Shastri Nagar, District – Patna 20 Surendra Yadav, son of Dharmdeo Yadav, resident of village – Nirpura, P O – Akauna, P S – Goh, District – Aurangabad 21 Amar Kumar, son of Makhu Mandal, resident of village – Banbarsa, P O – Khesar, P S – Belhar, District – Banka 22 Smt Amita Kumari, daughter of Sri Rajendra Prasad, resident of Mohalla – Ramchandrapur (behind Ajanta Cinema), P O – Biharshariff, P S – Laheri, District – Nalanda 23 Ram Naresh Prasad, son of Judageer Prasad, present resident of Mohalla – Rajendra Ashram, P O – Head Post Office, Gaya, P S + District – Gaya, permanent resident of village – Karai, P O – Bhimpur Manjhiama, P S – Konch, District – Gaya 24 Smt Kumari Manju, daughter of Sri Deo Nandan Prasad, c/o Parmeshwar Dayal, resident of Mohalla – Murarpur (near Gandhi Park), Biharsharif, P S – Laheri, District – Nalanda 25 Neelam Kumari, daughter of Narendra Prasad Sinha, c/o Sunil Kumar, resident of village – Daulatpur, P O – Khanpur Maal, P S – Bath, District – Bhagalpur 26 Shashi Kumari, daughter of Moti Lal Singh (Tarbabu), resident of village + P O + P S – Bikramganj, District – Rohtas 4 27 Ram Chandra Mahto, son of Somar Mahto, resident of village – Mahuri, P O + P S – Bagodar, District – Giridih 28 Rajendra Prasad ‘Rajesh’, son of Anandi Prasad Mandal, c/o Subash Chandra Rana, resident of Mohalla – Shastri Nagar, Purnea, P S – Khazanchi Hat, District – Purnea 29 Om Prakash Gupta, son of Bhupal Prasad Gupta, resident of Mohalla – Amar Kutir Gram – Gangzala, Ward No 12, P O + P S + District – Saharsa 30 Junaid Alam, son of Khursheed Alam, resident of Mohalla – Maulabagh Ara, P S – Ara, P S – Nawada, District – Bhojpur 31 Helana Kujur, daughter of Rafayal Kujur c/o Smt Kulmani Minz, resident of Indira Gandhi Aurbigayan Sansthan, Shekhpura, P S – Shastri Nagar, District – Patna 32 Mandeep Ram, son of late Chandra Deo Ram, resident of village – Kharsota (Jheena) P O – Morbay, P S – Manjhiyaon, District – Palamu 33 Subhash Chandra Rajak, son of Shri Dwarika Baitha, resident of Mohalla – Jagjeewan Path, Ward No 8, P O + P S + District – Madhepura 34 Smt Sangita, c/o Sri Kamaldeo Sharma, resident of village – Morwa Ray Tol, P O – Morwa, P S – Musrigharari, District – Samastipur - Petitioners Versus 1 The State of Bihar 2 The Chairman, Vidyalaya Seva Board, Bihar, Patna, Biscomaun Tower, Gandhi Maidan, Patna 3 The Secretary, Vidyalaya Seva Board, Bihar, Patna 4 The Director, Secondary Education, Bihar, Patna 5 The Deputy Director, Secondary Education, Bihar, Patna 6 The Education Commissioner –cum- Secretary, Secondary Education, Bihar, Patna 7 The Secretary, Personnel and Administrative Reforms, Bihar, Patna 8 The Additional Secretary, Personnel and Administrative Reforms, Bihar, Patna 9 The Deputy Secretary, Personnel and Administrative Reforms, Bihar, Patna - Respondents *** For the petitioner : N o n e For the S t a t e : Mr Sanjay Kumar, G P 15 P R E S E N T THE HON'BLE MR JUSTICE NAVANITI PRASAD SINGH Navaniti Prasad Singh, J In both the writ petitions, no one appears on behalf of 5 petitioners inspite of repeated calls. State is represented. Learned counsel for the State points out that the writ petitions were misconceived. In both the writ petitions, grievances were similar. I have perused the records and I find that the stand of the State is correct. It appears that Vidyalaya Seva Board advertised for appointment of Assistant Teachers in Government Secondary Schools in different subjects. In both the cases, petitioners’ own averment is that after due selection, they did not figure in the merit list, as was prepared and sent for appointments. They were included in the supplementary merit list, as sent by the Vidyalaya Seva Board. Their plea is that there being existing vacancies, the supplementary merit list, as sent by the Vidyalaya Seva Board should have been acted upon by the Government and appointments made therefrom. In the counter affidavit, State has specifically stated that the Department had not asked for any supplementary merit list to be sent. From the merit list, originally sent, appointment letters were issued and appointments made and in respect of these two subjects, there being no demand for a supplementary merit list, as such, the supplementary merit list submitted was void and so it was not acted upon. I find that no exception can be taken to such a decision. Thus, the writ petitioners have no right for which they can seek mandamus. The writ petitions are misconceived and are dismissed accordingly. (Navaniti Prasad Singh) Patna High Court, The 04th November, 2010, N A F R, M E Haque/