IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1350 of 2011 In Civil Writ Jurisdiction Case No. 14192 of 2008 With Interlocutory Application No. 6566 of 2011 In Letters Patent Appeal No.1350 of 2011. ====================================================== 1. Arbind Yadav, son of Bishundeo Yadav, resident of Village – Post Office Barhat, P.S. Barhat, District – Jamui, 2. Sri Vivekanand Kumar, son of Sri Bishun Dayal Ravidas, resident of Village - Sona Bigha, Post Office Churi, District - Gaya .... .... Petitioners / Appellants Versus 1. Jawahar Navodaya Vidalaya under Ministry of Human Resources Development, Department of Education, Govt. of India, 2. Navodaya Vidyalaya Samittee, Regional Office, Boring Road, Patna 13 through Deputy Commissioner, 3. The Principal, Jawahar Navodaya Vidyala, Barhat, Jamui, 4. The State of Bihar through the Secretary, Department of Labour, Employment and Training, Camp Employment Exchange - Jamui, 5. The District Employment Officer, District Employment Exchange, Munger, District – Munger (Bihar) .... .... Respondents / Respondents. ====================================================== Appearance : For the Appellant/s : Mr. Yogesh Chandra Verma and Mr. Ansul. For the Respondent/s : ---- ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 3 22-09-2011 Re. Interlocutory Application No. 6566 of 2011. The delay of one day occurred in filing the Letters Patent Appeal is condoned. Patna High Court LPA No.1350 of 2011 (3) dt.22-09-2011 2 / 3 2 Interlocutory Application stands disposed of. Re. Letters Patent Appeal no. 1350 of 2011. Feeling aggrieved by the order dated 5th May 2011 made by the learned single Judge in above CWJC no. 14192 of 2008, the writ petitioners have preferred this Appeal under Clause 10 of the Letters Patent. It is the grievance of the appellants that though they were interviewed and selected for appointment to the posts of Chawkidar and Mess Helper in the respondent Jawahar Navodaya Vidyalaya, a Government school, their selection has been cancelled and fresh selection is being conducted. Action of the respondents is vitiated by mala fides. The appellants have claimed that they be appointed as Chawkidar and Mess Helper pursuant to their selection. It is apparent that the grievance made by the appellants is imaginary. Neither the appellants have been selected nor the selection process has been cancelled. It is borne out from the counter affidavit that for two vacancies in Class IV service - one of Chawkidar and the other of Mess Helper, the respondents requisitioned names from the local employment exchange office. In the requisition made by the respondents, the qualification stipulated was Class VIII pass. However, in the relevant rules, the required qualification is Primary pass. (We are informed that Primary pass is Class III pass.). The respondents, therefore, rerequisitioned names from the local employment exchange. The learned single Judge has rejected the writ petition on the ground that merely by empanelment in the select list the writ petitioners had not acquired right to employment. We do agree with the learned single Judge. Besides, as Patna High Court LPA No.1350 of 2011 (3) dt.22-09-2011 3 / 3 3 recorded hereinabove, though the appellants were called for interview there is nothing on the record to suggest that they were selected. Nor does the record suggest that the selection process has been cancelled. All that the respondents have done is to make fresh requisition of eligible candidates from the local employment exchange office according to the recruitment rules, so that the eligible candidates possessing qualification of primary pass may not be deprived of the right to be considered for selection. In our opinion, the impugned action does not abridge any right accrued to the appellants. In fact, no right has accrued to the appellants nor the impugned action is vitiated by mala fide as alleged. For the aforesaid reason, the Appeal is dismissed in limine. Dilip. (R.M. Doshit, CJ) (Birendra Prasad Verma, J)