IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9381 of 2011 Mukesh Kumar Gupta Versus The State Of Bihar & Ors ----------- 4 25.7.2011 Heard learned counsel for the parties. There is no dispute that petitioner was one of the persons selected to be appointed on the post of Block Accountant in what is known as District Health Society as per advertisement contained in annexure-1. This is the society registered under the Societies Registration Act. Appointment was on the basis of contractual agreement. Four other persons selected along with the petitioner did join their post but the petitioner could not join his assignment despite selection because the block where he was supposed to be posted which is Ramgarh Block in the district of Lakhisarai was not functional at that time. Petitioner made a complaint much later to allow his joining but since it was not acknowledged or accepted he has filed the present writ application. In the counter affidavit which has been filed on behalf of the petitioner the stand of the respondents is that the petitioner was not permitted to join because the unit never became functional after his selection. More than a year has elapsed and thereafter a fresh exercise by issuing of advertisement has been carried out, selection made and the post filled up. Selection of petitioner was conditional no doubt. In addition to that since it is a contractual appointment for a limited period and that too by the registered society, therefore this Court fails to understand as to how a right in this regard can be maintained under Article 226 of the 2 Constitution of India since it was not a substantive appointment as such. It is also not evident from the pleadings made in the writ application that the so called society is a ‘State’ within the meaning of Article 12 of the Constitution of India. Such appointment therefore may not be put under the gaze and scrutiny of the Court in a writ application as other such public appointments are scrutinized. No interference is warranted in the above circumstances. Petitioner may have remedy under common law. This writ application is dismissed with the above liberty. RPS ( Ajay Kumar Tripathi, J.)