IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4853 of 2010 1. Dilip Lal S/O Late Satya Narayan Lal R/O Vill./Moh.- Badi Khanjarpur, P.S.- Barari, Distt.- Bhagalpur. ……….Petitioner Versus 1. The State Of Bihar Through The Secretary Law Deptt. Govt. Of Bihar, Patna 2. The District Magistrate Bhagalpur 3. Naresh Paswan S/O Kouri Paswan R/O Vill.- Goura Chaunki, P.S.- Kajraili, Nathnagar, Distt.- Bhagalpur. ……….Respondents For the Petitioner : Mr. Bhola Prasad, Adv. For the State : M/s. Sunil Kumar Mandal, Adv. Bipin Kumar, Adv. For Respondent No.3 : Mr. Janki Nandan Prasad, Adv. ----------- 4 08.09.2011 Heard learned counsel for the petitioner and the respondents. The petitioner questions the appointment of Respondent No.3 as a Public Prosecutor under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act as made on 09.03.2010. The grievance is that a panel for the purpose was prepared on 28.07.2005 in which the name of the petitioner figured at serial no. 3 as Special Public Prosecutor. Therefore, the appointment had to be made only from the persons named in the panel and not from outside the panel. Counsel for the parties sought to address the Court on various aspects on the appointment, from Section 24 of the Criminal Procedure Code and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The Court does not consider it necessary to go into those issues which are left for consideration in an appropriate challenge to the appointment 2 of Respondent No.3 if so advised. Suffice it to notice that the claim in the present writ application is based on a panel prepared on 28.07.2005. Normally speaking the life of a panel is only one year. Beyond that it would be violative of Article 14 of the Constitution, as held in (2009) 2 SCC 706. Nothing has been placed on record to demonstrate that the statutory life of the panel still subsists. Had the petitioner approached this Court during the life of the panel matters may have been entirely different. The Court is not persuaded to start an inquiry to a claim for appointments based on a panel which no more survives in the law. The writ application is disposed off with observation without prejudice to the rights of the petitioner as aforesaid. Md. Ibrarul ( Navin Sinha, J.)