IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17886 of 2010 DR.NISHANT KUMAR Versus THE STATE OF BIHAR & ORS ----------- 02. 15.3.2011 This Court fails to understand as to why a writ under Article 226 of the Constitution of India has been filed when the right and duty of the petitioner emerges from a contract entered between the petitioner and the respondents. If there is a breach or any discrimination emerging there from, remedy is not before the writ court but may be a civil court of competent jurisdiction for appropriate declaration. Admitted position is that the petitioner is not a civil servant appointed on a permanent basis under the respondents but is a contractual appointee, which is not in dispute. The writ application is dismissed with liberty to the petitioner to explore other avenues permissible under law. rkp (Ajay Kumar Tripathi,J.)