IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.3666 of 2008 Md.Akhtar & Anr Versus Uday Narayan Choudhary & Ors ----------- 4 12.09.2011 Heard learned counsels for the petitioner, the State and the opposite parties. A show cause has been filed on behalf of the opposite parties. Learned counsel for the petitioner submits that the order of this Court directing the authorities to fill up the post of Assistant Care Taker pursuant to the first notice/advertisement in accordance with law. The said direction has not been carried out, and as such, the opposite parties have committed the contempt of the Court. Learned counsel for the opposite parties submits that pursuant to the direction of this Court the process for appointment were initiated and persons who were fulfilling the eligibility criteria as per notice as contained in Annexure-2 and accordingly for the persons who came under the zone of consideration a written examination was fixed for selecting the suitable candidates. Petitioner did not appear in the said examination. Besides the above, it is submitted that since the appointment in question were to be made in accordance with law, the requirement of reservation as also the concurrence of the Department of Finance, Govt. of Bihar, Patna was required to be obtained. The Finance Department advised to abolish the aforesaid post, and as such, the processes for filling up the post on permanent basis have been kept in abeyance. In other words, it is submitted that the authorities have not disobeyed the order of this Court and in the circumstances as stated above they have not committed any contempt. Considering the rival submissions of the parties and on perusal of the show cause, it appears that the authorities proceeded for appointment and fixed up a written examination in which the petitioner did not appear, and as such, the petitioner cannot make out a grievance. Moreover, as stated in the show cause, the process of the appointment has been kept in abeyance in the light of the advice of the Finance Department, Govt. of Bihar. In view of the above, the action of the authorities cannot be said to be in disobedience of the order of this Court. Accordingly, the MJC application stands dismissed. Manish/- ( Shailesh Kumar Sinha,J.)