IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11732 of 2010 Binod Kumar, son of Late Bhado Manjhi, resident of Village: Akbarpur Hatpar, Panchayat: Balia Bujurg, Block:Akbarpur, P.S.: Akbarpur, District: Nawada. …Petitioner. Versus 1. The State of Bihar. 2. The Principal Secretary-Cum-Commissioner, Welfare Department, Government of Bihar, Patna. 3. The Director, Bihar Mahadalit Vikas Mission, Schedule Caste & Schedule Tribe Welfare Department, Govt. of Bihar, Patna. 4. The District Magistrate, Nawada. 5. The District Welfare Officer, Nawada. 6. The District Programme Officer, Nawada. 7. The Sub. Divisional Officer, Rajauli, District: Nawada. 8. The Block Development Officer, Akbarpur, District:Nawada. ----------- 2. 22.11.2011 Heard learned counsel for the petitioner and the State. The petitioner is stated to be an applicant for the post of Vikas Mitra in Gram Panchayat, Balia Bujurg, Block: Akbarpur, District-Nawada under an advertisement dated 31.05.2010. Aggrieved by the conduct of the respondents changing the identification of the dominant caste for purposes of appointment, the petitioner filed this writ application on 23.07.2010. No counter affidavit has been filed by the respondents though more than reasonable time has passed. Learned counsel for the petitioner has relied upon an order of this Court in CWJC No. 10238 of 2010 and CWJC No. 10149 of 2010 to contend that the Collector/District Magistrate may be given directions to enquire into the matter. 2 Learned counsel for the petitioner has also placed before the Court a handbook issued by the Scheduled Castes and Scheduled Tribes Welfare Department, Government of Bihar, under the Bihar Mahadalit Vikas Mission, which also provides for procedure for appointment and removal of Vikas Mitras. The Government as part of its Scheme for upliftment of Mahadalits in every Panchayat (Rural) and Ward (clusters) (urban) has provided for appointment of a Vikas Mitra. They must be from the dominant caste. The person must possess the minimum eligible qualification of matric or equivalent. The person with higher marks shall be selected. An honorarium of Rs. 3,000/- per month shall be paid. The Vikas Mitra shall be a “change agent” (catalytic) between the Government and the beneficiaries. The aforesaid makes it clear that Vikas Mitra is not a Government servant. He is one chosen from his own community as an instrument for social change to motivate his bretheren. Their status is more than apparent from the nomenclature used by the State Government “change agents”. The standards of scrutiny as applicable to Government servant shall not apply to their selections and appointment. But because the Government is playing a primal role in identification and selection, the Court shall have a bare minimum scrutiny, if circumstances so warrant, when again issues of fact with regard 3 to who and which Mahadalit caste constitutes the dominant category cannot be the subject matter for consideration by a writ Court. The guidelines themselves provide that the appointment as an agent shall be for 11 months which may or may not be renewed dependent on satisfactory service/action. It specifically clarifies that this appointment for 11 months shall not grant the status of a Government servant. They can be terminated during the period of 11 months by the District Magistrate on the recommendation of the Sub-divisional Officer or the District Project Officer. The claim for continuance after 11 months is therefore clearly an inchoate right and cannot found a legal cause of action thereafter. Learned counsel for the parties are not in a position to inform the Court of the status as of date. If appointment has already been made under the advertisement in question and period of 11 months for which the petitioner was contesting has run its course, the writ application has clearly become infructuous. If no appointment has been made under the advertisement dated 31.05.2010, as was contended at the bar on behalf of the petitioner, let the petitioner represent before the Sub-Divisional Officer or the District Project Officer who shall enquire into the matter and submit his report to the District Magistrate who shall then pass appropriate orders without any 4 unnecessary delay, preferably within a period of two months from the date of receipt/presentation of a copy of this order. The writ application shall stands disposed. Kamlesh (Navin Sinha, J.)