IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11459 of 2010 1. DR. VINAY KUMAR LAL S/O SHRI DILIP NARAYAN LAL PERMANENT R/O DALSINGSARAI (BHAGWANPUR CHOWK SHEKHO) P.O. & P.S.- DALSINGHSARAI, DISTT.- SAMASTIPUR---PETITIONER Versus 1. THE STATE OF BIHAR, THROUGH THE HEALTH COMMISSIONER, HEALTH SERVICES, STATE HEALTH SOCIETY, BIKAS BHAWAN, BAILEY ROAD, PATNA 2. EXECUTIVE DIRECTOR, STATE HEALTH SOCIETY, MOHALLA- SHEIKHPURA, P.S.- SHASTRI NAGAR, DISTT.- PATNA 3. REGIONAL DEPUTY DIRECTOR, HEALTH SERVICES, TIRHUT DIVISION AT MUZAFFARPUR 4. DISTRICT MAGISTRATE-CUM-COLLECTOR-CUM-CHAIRMAN, DISTRICT HEALTH SOCIETY, DISTT.- SAMASTIPUR 5. CIVIL SURGEON-CUM-MEMBER SECRETARY, DISTRICT HEALTH SOCIETY, DISTT.- SAMASTIPUR----------RESPONDENTS ----------- 2 23.3.2011 Heard learned counsel for the parties. It is a contractual appointment which has been rescinded for whatever be the reason given in annexure-7. The remedy for the petitioner therefore does not lie under Article 226 of the Constitution of India because he has no protection of Article 311 of the Constitution available to him. If the petitioner feels that the termination or rescinding of the contract is otherwise illegal he has to avail common law remedy. This writ application is dismissed with the liberty as above. RPS (Ajay Kumar Tripathi,J.)