IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13738 of 2007 LALAN KUMAR SON OF KAMESHWARI PRASAD, RESIDENT OF MOHALLA HIRA LAL LANE, LODIPUR, P.S.GANDHI MAIDAN, DISTRICT PATNA Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVERNMENT OF BIHAR, PATNA 2. THE CHIEF SECRETARY, GOVERNMENT OF BIHAR, PATNA 3. THE CABINET SECRETARY, GOVERNMENT OF BIHAR, PATNA 4. SECRETARY, DEPARTMENT OF ART, CULTURE AND YOUTH DEVELOPMENT, GOVERNMENT OF BIHAR, PATNA ----------- For the Petitioner : Dr. Sadanand Jha,Sr. Advocate M/s Abhinav Shrivastava, Nagendra Kr.Singh For the State : Mr.Abinash Kumar, AC to G.P.I 2 24.12.2009 The petitioner prays for appropriate direction to the respondents to issue necessary notification appointing him as Vice Chairman of Bihar Sports Authority (hereinafter referred to as ‘the Authority) with consequential benefits. The petitioner submits that the post of Vice Chairman of the Authority is to be filled up by nomination from the State Government. It has been averred in paragraph 6 of the writ petition that in December 2004 the petitioner has been nominated by the State Government for appointment as Vice Chairman of the Authority. However, no notification of appointment could be issued as election ensued and Model Code of Conduct came into play. The Secretary, Art, Culture and Youth Affairs wrote to the Chief Election Officer, Bihar stating therein that the Bihar Government is considering nominating the petitioner for the post of Vice Chairman of the Authority and as such requested it to take necessary concurrence of the Chief Election Commission. Consequently the Chief Election Officer 2 vide his letter no.5819 dated 19.9.2005 addressed to the Deputy Election Commissioner requested for requisite concurrence. A copy of the letter dated 14.10.2005 of the Secretary, Department of Art, Culture, Youth Affairs as well as letter dated 19.9.2005 of Chief Electoral Officer, Government of Bihar is annexed as Annexure-1 and 1/1. Thereafter the Governor of Bihar vide his communication dated 23.11.2005 informed the Secretary, Cabinet Coordination that the petitioner has been appointed as Vice Chairman of the Authority and as such all facility should be provided. A copy of letter dated 23.11.2005 of Governor of Bihar is annexed as Annexure-2. The Cabinet Secretary vide his letter dated 3.12.2005 asked the Secretary, Art, Culture and Sports to issue notification of appointment of the petitioner and to inform the Governor as well as Cabinet Secretary of the same. A copy of letter dated 3.12.2005 is annexed as Annexure-3. However, when no notification was issued, the petitioner made a representation vide his letter dated 5.10.2006 to the Secretary, Art, Culture and Youth Affairs giving details regarding his nomination. The Deputy Secretary forwarded the representation of the petitioner to the Secretary, Art, Culture and Youth Affairs with a copy of department’s letter no.631 dated 3.12.2005,a copy whereof is annexed as Annexure-5. Thereafter, the petitioner again made a representation before the Minister, Art, Culture and Youth Affairs contained in Annexure-6. Counsel for the State did not dispute the various 3 annexures including the letter dated 23.11.2005 of the Governor of Bihar appointing the petitioner as Vice Chairman of the Authority. It would appear from Annexure-1 that the Bihar Government was considering the nomination of the petitioner as Vice Chairman of the Authority but could not do the same as Model Code of Conduct came into being on account of ensuing election. It would further appear that the Chief Election Officer in view of the Government’s letter also requested the Election Commission of India to grant necessary concurrence. The letter of Governor of Bihar dated 23.11.2005 would show that the petitioner has been appointed as Vice Chairman of the Authority. Further, it would be manifest from the letter dated 10.10.2006 of the Deputy Secretary, Cabinet Coordination that as directed a request was made to the respondent no.4 to take necessary steps in view of the various annexures referred to above. In view of the various annexures particularly the order of the Governor of Bihar appointing the petitioner as Vice Chairman of the Authority, there hardly seems any reason as no notification is being issued in respect of appointment/nomination of the petitioner as Vice Chairman of the Authority. Thus in view of own letters of the respondent authorities contained in Annexures-1, 1/1, 2, 3 and 5, I direct the respondents to issue necessary notification in respect of nomination of the petitioner 4 KHAN as Vice Chairman of the Authority preferably within six weeks from the date of receipt/production of a copy of this order, if there has been no notification of any of the person in the meantime. It goes without saying that once the notification is issued, the petitioner would be entitled to the consequential benefits as well. With the aforesaid observations and directions, this writ petition stands disposed of. (S.P.Singh,J)