IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11439 of 2008 1. MD.AURANGJEB, SON OF MD. SHAFIQUENDDIN, RESIDENT OF VILLAGE – SABALPUR, P.S. MORKAHI, DISTRICT – KHAGARIA. 2. HEERA LAL YADAV, SON OF SRI AWADHESH PRASAD YADAV, RESIDENT OF VILLAGE – UTTARI BHADASH, POLICE STATION MUFFASIL, DISTRICT – KHAGARIA. 3. RAVINDRA KUMAR SINGH, SON OF OM PRAKASH SINGH, RESIDENT OF VILLAGE SANHAULI, WARD NO. 9, P.S. CHITRAGUPTA NAGAR, DISTRICT – KHAGARIA. 4. BIRKESHWAR SINGH, SON OF LATE MAHADEO SINGH, RESIDENT OF VILLAGE MADHURA, P.S. MORKAHI, DISTRICT – KHAGARIA. 5. SUNIL KUMAR, SON OF KALESHWAR PRASAD VERMA, RESIDENT OF VILLAGE RATNAHA, P.S. ALLAULI, DISTRICT – KHAGARIA. 6. RABINDRA SINGH, SON OF LATE JAGAT NARAYAN SINGH, RESIDENT OF VILLAGE DINA CHAKLA, POLICE STATION PASRAHA, DISTRICT – KHAGARIA. 7. GIRISH CHANDRA SINGH, SON OF BIRANCHI PRASAD SINGH, RESIDENT OF VILLAGE BACHAUTA, P.S. MORKAHI, DISTRICT –KHAGARIA. 8. ASHOK KUMAR, SON OF SIYA RAM PRASAD, RESIDENT OF VILLAGE – BHADASH, POLICE STATION MUFASSIL, DISTRICT – KHAGARIA. 9. GIRISH RANJAN SINGH, SON OF RAM CHANDAR SINGH, RESIDENT OF VILLAGE NIRPUR, P.S. CHAUTHAM, DISTRICT – KHAGARIA. 10. RAJIV KUMAR, SON OF SATYA NARAYAN PRASAD, RESIDENT OF MOHALLA – POST OFFICE ROAD, P.S. WARD NO. 19, DISTRICT – KHAGARIA. 11. RANJIT KUMAR, SON OF KAPILDEO THAKUR, RESIDENT OF VILLAGE BHADESH, P.S. MUFASSIL, DISTRICT – KHAGARIA. 12. RANJIT KUMAR, SON OF KAPILDEO THAKUR, RESIDENT OF VILLAGE – UTTARI BHADASH, POLICE STATION MUFASSIL, DISTRICT – KHAGARIA. 13. SANJIT VERMA, SON OF RAVINDRA PRASAD SINGH, RESIDENT OF VILLAGE ICHARBA, P.S. ALLAULI, DISTRICT – KHAGARIA. 14. MANISHA KUMARI WIFE OF RAJ KUMAR, RESIDENT OF VILLAGE MADHURA, POLICE STATION MORKAHI, DISTRICT – KHAGARIA. 15. RAM PRASAD YADAV, SON OF LATE ANUP PRASAD YADAV, RESIDENT OF VILLAGE SAHURI, POLICE STATION MORKAHI, DISTRICT – KHAGARIA. 16. SINDHU KUMARI WIFE OF LATE DEVENDRA PRASAD YADAV, RESIDENT OF VILLAGE PURBE THATHA, POLICE STATION MANSI, DISTRICT – KHAGARIA. …. PETITIONERS. Versus 1. THE STATE OF BIHAR. 2. THE DISTRICT MAGISTRATE –CUM- CHAIRMAN, NATIONAL CHILD LABOUR PROJECT COMMITTEE, KHAGARIA. - 2 - 3. THE LABOUR SUPERINTENDENT –CUM- PROJECT DIRECTOR, NATIONAL CHILD LABOUR PROJECT COMMITTEE, KHAGARIA. …….. RESPONDENTS. ----------- 02/ 29.01.2010 Heard counsel for the petitioners and the counsel appearing for the State. Petitioners in response to Advertisement no. 2/06 published in the daily news paper Dainik Jagran dated 25.12.2006 had applied for the posts of teachers in Special Child Labour Schools being run under National Child Labour Project Committee of the N.G.Os. Petitioners’ case is that they participated in the counselling, after verification of their documents, and they were selected. Petitioner nos. 1 to 7 were selected for the post of Technical teachers, petitioner nos. 8 to 11 were selected for the post of Clerk –cum- Accountant, petitioner no. 12 for the post of Peon and petitioner nos. 13 to 16 for the post of Teachers in Special Child Labour Schools being run under National Child Labour Committee. Despite their selection, and direction issued by the District Magistrate, Khagaria to the Secretary of the concerned Non- governmental Organization under whom the Schools were being run, to issue appointment letters, it was not issued to - 3 - them. Petitioners represented before the District Magistrate –cum- Chairman, Child Labour Project Committee, Khagaria on different dates for directing the concerned N.G.Os. to issue appointment letters to the petitioners and allow them to give joining, but nothing was done. Finally, petitioners came to know through a news item that selections made in the district of Khagaria for Child Labour Project Schools, has been cancelled by respondent no. 2. Petitioners’ grievance is that without any notice to them and without specifying the reason for cancellation of selection, it has been cancelled. Petitioners’ prayer is for a direction to the concerned respondents, to issue appointment letters in favour of the petitioners as they have been selected in connection with Advertisement No. 02 of 2006. Counter affidavit has been filed on behalf of respondent no. 2. In the counter affidavit it has been stated that, without following the norms as envisaged in the guidelines, specifying of the mode for selection of teaching volunteers, selection had been made. In the meeting of 20 point programme implementing committee dated 16.5.2008, an objection was raised regarding the deviation from - 4 - prescribed guidelines in recruitment of teaching volunteers. In the meeting, presided over by the Minister, a direction was issued to enquire in the matter. During enquiry, it was found that in contravention of the prescribed norms selection, had been made, as such the selection list was cancelled. Now the Implementing Agencies/N.G.Os. are required to start fresh selection process in consonance with the prescribed norms. In case such selection process is initiated, petitioners will be at liberty to participate in it. Considering the pleadings of the parties and their submissions, I find that merely on account of petitioners’ participation in the selection process and empanelment of their names in the selection list, they cannot claim any vested right, specially when the selection panel had been prepared, without observing the norms for selection. In case the selection was illegal, rightly it was cancelled. I do not find any merit in this application, it is dismissed. DKS/ (Mridula Mishra, J.)