IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13316 of 2010 1. ABHA SINHA W/O SRI LALITESHWAR PRASAD R/O PREM KRISHNA BHAWAN, NEAR OVER BRIDGE, YARPUR, KHAGAUL ROAD, PATNA Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY DEPARTMENT OF HEALTH, GOVT. OF BIHAR, NEW SECRETARIAT, PATNA 3. THE PROJECT DIRECTOR BIHAR STATE AIDS CONTROL SAMITI, HEALTH AND FAMILY WELFARE BUILDING, SHEIKHPURA PATNA 4. JOINT DIRECTOR, ( BLOOD PROTECTION ) BIHAR STATE AIDS CONTROL SAMITI, HEALTH AND FAMILY WELFARE BUILDING, SHEIKHPURA, PATNA 5. INCHARGE ESTABLISHMENT BIHAR STATE AIDS CONTROL SAMITI, HEALTH AND FAMILY WELFARE BUILDING, SHEIKHPURA, PATNA ----------- 02. 08/04/2011 Remedy for the petitioner may not lie under Article 226 of the Constitution of India looking at the nature of appointment of the petitioner as also the accepted facts that she is not an employee or holder of civil post under the State. If the appointment of the petitioner was contractual which has been terminated, the remedy for the petitioner may lie under the common law and not under Article 226 of the Constitution of India. No interference is warranted with the impugned order contained in Annexure-12. The writ application is dismissed. rkp ( Ajay Kumar Tripathi, J.)