IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9845 of 2010 ARVIND KUMAR S/O LATE RAS BIHARI SINGH R/O VILL.- DHARHARA, P.S. PALIGANJ, DISTT.- PATNA Versus 1. THE STATE OF BIHAR THROUGH SPECIAL SECRETARY- CUM-EXECUTIVE DIRECTOR, STATE HEALTH SOCIETY, SHEIKHPURA, PATNA 2. THE DISTRICT MAGISTRATE-CUM-CO-ORDINATOR, DISTRICT HEALTH SOCIETY, DISTT.- BUXAR 3. CIVIL SURGEON-CUM-SECRETARY, DISTRICT HEALTH SOCIETY, BUXAR 4. INCHARGE MEDICAL OFFICER-CUM-CHAIRMAN, ROGI KALYAN SAMITY, SIMRI, DISTT.- BUXAR ----------- 02. 1.3.2011 Even if according to the petitioner the contract has been terminated arbitrarily, the question is whether the remedy for the petitioner would lie under Article 226 of the Constitution of India. Admittedly petitioner is not holder of a civil post or permanent employee under the State but was appointed on a contract or agreement entered into between the petitioner and the State Health Society. In catena of decisions Hon`ble Supreme Court has held that in such matters remedy would be before the civil court of competent jurisdiction seeking either a declaration or damages. In that background this Court has serious reservation in entering into the thicket of issues raised by the petitioner. Counsel for the petitioner draws my attention to a decision which has been annexed as Annexure-7 along with I.A. No.5762 of 2010. A reading of the said decision also indicates that even in that case whatever be the relationship between the parties, it was contractual in nature. If that is so, then despite the directions which may have been issued by the learned single Judge, this Court has difficulty in relying on such a decision in 2 view of the settled principle in this regard. The writ application is dismissed but liberty is granted to the petitioner to move the civil court of competent jurisdiction, if so advised. rkp (Ajay Kumar Tripathi,J.)