IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.979 of 2007 RAM UDAR BHAGAT, S/O Sri Ram Bhagat, resident of Village Rampur Majhaulia, P.S. Dumra, District Sitamarhi----------------------petitioner Versus 1.THE STATE OF BIHAR 2.K.C.Ramaiya, the Commissioner, Tirhut Division at Muzaffarpur, P.O. & Dist. Muzaffarpur 3.Suman Kumar, the District Magistrate and Collector Sitamarhi, District Sitamarhi---------opp.parties ----------- 7. 26.10.2009 The petitioner claims violation of the order dated 8.2.2002 read with the order dated 4.4.2002 passed by this Court in C.W.J.C.No. 16376 of 2001 and M.J.C.No. 629 of 2002 respectively. By the aforesaid orders this Court had directed the respondents concerned to prepare up-to-date panel in each and every year and in case of appointment the persons from the panel shall be appointed according to their seniority and in no case appointment shall be made out of the said panel. In the supplementary show cause filed on behalf of the State the stand taken is that after the ban on appointments was lifted by the Chief Secretary an advertisement dated 23.11.2004 was issued for the preparation of the said panel for appointment on Class IV posts in which it was provided that the 2 applicant concerned must be at least Class VIII pass. It is submitted by learned counsel for the State that on the basis of the said advertisement a panel was prepared, appointments were made and the case of the petitioner was not found fit for consideration since he is only Class VII pass. The aforesaid averment that the petitioner is only Class VII pass has not been denied by the petitioner in his reply to the show cause and supplementary show cause. In the above circumstances, no case is made out for proceeding under the contempt jurisdiction of this Court. The contempt application is, accordingly, dismissed. The petitioner if aggrieved by the action of the opposite parties may challenge the same in appropriate proceedings. (Ramesh Kumar Datta,J.) spal/