IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11508 of 2007 Rameshawar Rajak, son of Shree Rajendra Rajak, resident of Village Manika, P.S. Sarairanjan Yarpur, Dist. Samastipur. At present, residing on Bhagraha, P.S. Sakra, Dist. Muzaffarpur. -------- Petitioner Versus 1. The State of Bihar. 2. The Secretary, Department of Health, New Secretariat, Patna. 3. The Director, Department of Health Tuberculosis, Patna. 4. The District Tuberculosis Officer, Muzaffarpur. 5. The District Civil Surgeon cum Chief Medical Officer, Muzaffarpur. 6. The District Magistrate, Muzaffarpur. ---------- Respondents ----------- 2 03.11.2011 After some arguments, learned counsel for the petitioner, realizing that the tenure appointment of the petitioner at best could have allowed him to continue in service till 16.4.2007 and that the petitioner’s appointment on 17.4.2006 for a period of one year could not have been sustained on account of higher marks secured by one Prabhat Kumar, would seek liberty to withdraw this application in order to enable the petitioner to move the competent authority for seeking fresh appointment on contract basis in view of the fact that Prabhat Kumar having been appointed has subsequently resigned from such tenure appointment. This application is accordingly permitted to be withdrawn with the liberty as 2 prayed for. It goes without saying that the competent authority, in the event of the post in question becoming vacant on account of resignation of Prabhat Kumar, and if required to be filled, would do the needful in accordance with law only after undergoing the prescribed procedure in which the petitioner’s case shall also be considered along with other eligible persons. The competent authority, however, is expected to consider the case of the petitioner for his fresh appointment on contract basis only if the post, in question, is still vacant and is required to be filled up, inasmuch as, nothing said in this order, however, would mean discontinuance of the existing arrangement and/or service of any person who may in the mean time have been engaged in place of Prabhat Kumar. With the aforesaid observations, this application is permitted to be withdrawn. Rsh (Mihir Kumar Jha, J.)