IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14761 of 2010 1. BIPIN KUMAR JHA S/O SRI KASHI NATH JHA R/O VILL.- SISWAR, P.S.- PHULPARAS, DISTT.- MADHUBANI, AT PRESENTLY HEALTH MANAGER, PRIMARY HEALTH CENTRE, KHUTAUNA, DISTT.- MADHUBANI Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE CUM CHAIRMAN DISTRICT HEALTH SAMITI, MADHUBANI 3. THE CIVIL SURGEON CUM MEMBER SECRETARY DISTRICT HEALTH COMMITTEE, MADHUBANI 4. DISTRICT PROGRAMME MANAGER DISTT. HEALTH SAMITI, MADHUBANI ----------- 2 22/04/2011 Appointment of the petitioner was on contract basis. If the respondents were not satisfied with his work, in the background to the direction given by the High Court earlier, cannot be gone into now. This Court fails to understand as to why this Court will go into all those aspects of the matter under Article 226 of the Constitution of India when the appointment was on a contract basis. If the contractual appointment of the petitioner is terminated, that cannot be tested under Article 226 of the Constitution of India. Petitioner may have common law remedy where he may claim, whatever he wants to claim with regard to the breach of contract. No interference is required with annexure-11 as - 2 - he has no legal right which is required to be gone into in the present proceeding. This writ application is dismissed with liberty to move the appropriate Court. AMIN/ (Ajay Kumar Tripathi, J.)