IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11686 of 2004 1. SANJAY KUMAR SON OF LATE BASUDEO SAH RESIDENT OF VILLAGE BHAGWANPUR, P.S. SADAR, DISTRICT MUZAFFARPUR. 2. LAKHINDAR RAY SON OF SHRI DEO NARAYAN RAY RESIDENT OF VILLAGE BARDIHA, P.S. PATEPUR, DISTRICT VAISHALI. 3. SURESH PRASAD SON OF SHRI BISHRAM GAURAV RESIDENT OF VILLAGE GABNAHA, P.S. SUBHANDRA, DISTRICT WEST CHAMPARAN. Versus 1. THE STATE OF BIHAR THROGUH THE SECRETARY, SCIENCE AND TECHNOLOGY DEPARTMENT, NEW SECRETARIAT, PATNA. 2. THE DIRECTOR, SCIENCE AND TECHNOLOGY DEPARTMENT, PATNA. 3. THE PRINCIPAL, MUZAFFARPUR INSTITUTE OF TECHNOLOGY, MUZAFFARPUR. 4. THE DISTRICT MAGISTRATE-CUM-COLLECTOR, MUZAFFARPUR. 5. THE DEPUTY COLLECTOR, DISTRICT NAZARAT, MUZAFFARPUR. ----------- 4 04/08/2010 The Court need not take into consideration various averments and submissions which have been made in the writ application in view of the subsequent development which is an order passed by this Court in C.W.J.C. No. 11450 of 2006 (Akhilesh Kumar Thakur and others Vs. State of Bihar and others). Order of the Court is dated 08.08.2008. The Court has categorically held that the life of a panel subsists only for one year and continuance of that panel beyond a year is hit by Articles 14 and 16 of the Constitution of India. The - 2 - Court held that no further appointment from the panel of 2006 after expiry of one year can be made. A direction was issued to the respondents to proceed afresh in accordance with law. Submission of the learned counsel, in view of the observation of the Court, is that a fresh exercise will have to be carried out. Even though the petitioners were left out in the earlier panel despite recommendation and evidence of them having worked in M.I.T. Muzaffarpur, probably, the fresh exercise will give them an opportunity of being included in the fresh panel which may be prepared. Keeping in view the order passed in Akhilesh Kumar Thakur’s case, prayer of the petitioners is very reasonable and fair. This writ application is disposed of with liberty to these petitioners that when a fresh panel is prepared for appointment to Class IV posts by the District Magistrate, Muzaffarpur, the petitioners will have freedom to bring to his notice all the relevant materials to establish of them having worked with the respondents and their cases too will be considered along with the rest, if they fulfill the eligibility - 3 - and other criteria laid down for preparation of such panel. This writ application is disposed of with the above liberty. AMIN (Ajay Kumar Tripathi, J.)