IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10314 of 2003 Vijay Kumar, son of Sri Mauyu Mahto, Resident of Village Bijatpur, P.s. Ujiyarpur, District Samastipur. ---------- Petitioner Versus 1. The State of Bihar through the Secretary, Human Resources Development Department, Government of Bihar, New Secretariat, Patna. 2. Director, Primary Education, Government of Bihar, New Secretariat, Patna. 3. Regional Deputy Director of Education, Laharisarai, Darbhanga. 4. District Superintendent of Education, Samastipur. 5. District Education Officer, Samastipur. 6. District Magistrate-cum-Collector-cum-Chairman, Establishment Committee, Samastipur. --------- Respondents ----------- 4 17.09.2010 No one appears on behalf of the petitioner. Counsel for the State is present. The following prayer of the petitioner in this writ application, reading as follows:- “1. That, by this writ application the petitioner prays for quashing of order contained in memo No. 726 dated 3.9.2002 by which claim of the petitioner for reinstatement has been rejected illegally and without considering that the petitioners was duly appointed by the competent authority and other similar situated persons were reinstated.” cannot be allowed for a simple reason that the appointment rules for the basic schools as notified by the State Government on 11th 2 of November, 1975, being statutory rules, framed under proviso to Article 309 of the Constitution of India, clearly provides for preparation of a panel and appointments to be made from such panel. From the impugned order, it is clear that the appointment of the petitioner was not made from any panel and persons similarly situated like him, 34 in numbers, were shown the door only on this ground. That being so, the respondents authorities had rightly rejected the claim of the petitioner for his reinstatement. This application, therefore, is wholly misconceived and the same is accordingly dismissed. Rsh (Mihir Kumar Jha, J.)