IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.6565 of 2011 Roshan Kumar Singh S/o Sri Narendra Pd. Singh R/o village- Pipra Bishunpur, PO & PS- Parihar, Distt- Sitamarhi----------- --------------------------------------------Petitioner Versus 1. The State Of Bihar 2. The Agriculture Production Commissioner, Bihar Department of Agriculture, Govt. of Bihar, Patna 3. The Director Agriculture, Govt. of Bihar, Patna 4. The Joint Director of Agriculture, Tirhut Division, Muzaffarpur 5. The District Magistrate, Sitamarhi 6. The District Agriculture Officer Sitamahri 7. Sri Surendra Prasad, Incharge District Agriculture Officer, Sitamarhi 8. Saroj Kumar S/o Nand Lal Sah R/o village & PS- Basant Patti, PS- Purnahiya, Distt. Sheohar-------------------- ---------------------------------------------Respondents ---------------------------------- 2 4.8.2011 Heard learned counsel for the parties. Appointment was sought to be made on the post of Computer Operator in terms of an advertisement contained in annexure-4. The requirements for the post have been indicated with regard to eligibility. Selection of the candidate was made and chart contained in annexure-5 was drawn up which is supposed to show the merit position of the so called short listed candidates. Such appointment was to be made on contract basis and is not a substantive appointment or permanent appointment under the State. The appointment is being made under a project which has been named as ATMA. It is the stand of the petitioner that he has higher marks in Intermediate than the selected candidate i.e. respondent no.8 and since he has requisite eligibility and better percentage of marks in Intermediate he ought to have been appointed. The Court has gone through the chart which has been 2 annexed by the petitioner in terms of annexure-5 and even on a plain reading of the comparative chart , respondent no.8 seems to be more qualified or experienced than the present petitioner. Merely because he has higher marks in Intermediate may not be the ultimate criteria for deciding the capability of a selected candidate. Since primary object of such selection to the post of operator is to pick up persons who are well versed and have better ability to work as Computer Operator-cum-Programmer, it seems that respondents authority tilted in favour of respondent no.8 on the basis of experience in this regard. Keeping the above in mind coupled with the fact that this is a contractual appointment and it does not seem to be a permanent arrangement, the Court may not be inclined to interfere with the said arrangement because the Court is not fully satisfied about the quality of acquisition of knowledge in computer based on annexure-2, which has been pressed into service by the petitioner. This writ application is dismissed. RPS/rkp (Ajay Kumar Tripathi, J.)