IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10231 of 2003 KUMAR AMIT, son of Late Parmanand Mandal, resident of village Rajoun, police station Rajoun, District Banka. Versus 1. THE STATE OF BIHAR through the Chief Secretary, Government of Bihar, Patna. 2. Commissioner Cum Secretary, Department of Health, Education and Family Welfare, Government of Bihar, Patna. 3. Director-in-Chief, Health Services, Bihar, Patna. 4. Director, Health Services, Bihar, Patna. ----------- 4 17.09.2010 Having heard Mr. Rajendra Prasad, learned senior counsel for the petitioner and counsel for the State as with regard to the following prayer:- “That this application is being filed for issuance of an appropriate writ by which the respondents be directed/commanded to make direct appointment of the petitioner on the vacant post of Operation Theatre Assistant in short O.T. Assistant existing in different Medical Colleges and Hospitals in pursuant to Advertisement No. O.T. 3/2000 and during the pendency of the writ petition by an ad interim order the trained person like petitioner who had applied in response to said Advertisement No.OT- 3/2000 be appointed and posted against sanctioned and vacant post of O.T. Assistant and be paid his salary and other benefits and such other relief or reliefs be granted which be considered appropriate in public interest.” this Court would find it difficult to issue a writ of mandamus for giving effect to the advertisement which was issued by the Director of Health Services vide Advertisement No. O.T. 3/2000 on 24.7.2000. It is well settled that mere publication of an advertisement does not give any indefeasible right for commanding the respondents to also make selection and appointment on the advertised post. 2 That apart, the respondents in the counter affidavit have explained that though the advertisement was issued in the month of July, 2000, but on account of bifurcation of erstwhile Bihar under Bihar Reorganization Act, 2000 w.e.f. 15.11.2000 the onward selection process was not taken up for want of clear vacancy. In this context it is, however, stated in paragraph 11 that steps have been taken for ascertaining the fresh vacancies on the post of Operation Theatre Assistant and the resultant vacancies will be filled up through Bihar Staff Selection Commission, a body constituted for making recommendation and appointment on Class-III posts. In that view of the matter, this Court will not be in a position to accept submission of Mr. Prasad that such bifurcation has nothing to do with the vacancy in question as all the 37 persons were working in the State of Bihar. The moment there was a State cadre the final decision under section 72 of the Bihar Reorganization Act will have a definite impact on the vacancy position in the truncated State of Bihar in view of division of State w.e.f. 15.11.2000. In that view of the matter, while this Court is not in a position to issue a writ of mandamus on mere expectation of the petitioner of being selected and appointed, but then as the respondents themselves in paragraph 11 have taken the following stand:- “That in view of the aforesaid acts and circumstances the vacancy reports from subordinate Offices of Directorate of Health Services is being 3 asked so that the actual vacancy might be calculated and the roaster clearance might be made according to the new reservation policy.” this Court would direct them to act as per their own undertaking given in the counter affidavit expeditiously. With the aforementioned observations and directions this application is disposed of. Abhay Kumar ( Mihir Kumar Jha, J.)