IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14295 of 2007 AVANISH KUMAR & ORS Versus THE STATE OF BIHAR & ORS ----------- 3. 15.01.2009 Heard the counsel for the petitioners and the State. Petitioners were selected to be appointed as Health Manager for a fixed period of two years on contract basis. The State Government with an intention to provide better facility at Primary Health Centres, decided to appoint the Health Managers for two years on contract basis for which, an advertisement was published. As per the advertisement, the candidates were required to appear for walk-in-interview with required certificates at the place mentioned in advertisement as per schedule. The District Health Society, Motihari, East Champaran also conducted this walk-in-interview and published merit list of 63 candidates on 23.03.2007. Out of this merit list, 38 candidates were selected in the meeting of District Health Society held on 14.06.2007 and out of 38 wherein 20 candidates were finally selected for the post of Health Manager. Petitioners are also selected candidates for the post of Health Managers. Grievance of petitioners is that in spite of their selection, the respondents are not issuing orders for their - 2 - engagement. Instead of issuing appointment letters in favour of the petitioners , the Civil Surgeon-cum-Chief Medical Officer, Motihari, East Champaran by order contained in letter No. 240 D.H.S. dated 10.07.2007 has annulled the selection list and directed to make fresh selection from the state panel. The petitioners’ grievance is that in all other districts, appointments were made from the District Panel but the respondents on accounts of their own laches and delaying tendency, did not get the selection list approved immediately after selection and finally without any rhyme or reasons, annulled the selection list. Counter affidavit has been filed on behalf of respondents No. 3 & 4 wherein it has been admitted that as per the guidelines issued by the State Government, the applications were invited for the post of Block Health Manager. Petitioners appeared, interviewed and selected on the basis of interview held on 12.03.2007. Since the list could not be approved in the meeting of the District Health Society and there was delay in approval of the selected list, as such, in view of maintaining transparency in the entire process of selection, it was decided to cancel the selection process and to request the State Health Society, Patna to prepare a panel and approve the list for appointment as Health Manager on - 3 - contract basis. I find the reason assigned in the counter affidavit, does not show that there was any error in the procedure adopted for making selection. If the approval could not be taken from the District Health Society, immediately after selection, petitioners are not responsible for that. Petitioners cannot be penalized for delay on the part of the respondents. Selection was made in the month of March, 2007 and only after three months on 24.06.2007, the selection panel was annulled. The order dated 24.6.2007 on any count cannot be held to be proper rather it is arbitrary and it must be quashed. The respondents No. 3 & 4 are, thus, directed to revive the selection list finally prepared and issue appointment letters in favour of the petitioners. Tenure of selected candidates was for two years, out of that half of the period has already expired on account of arbitrary act of respondents. In this view, two years period for appointment of the petitioners as Health Manager at block level will start from the date when they will be appointed on the post. Appointment letters must be issued in favour of the petitioners on the basis of earlier selection list within four weeks from today. AKV/ (Mridula Mishra,J.)