IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No 13372 of 2009 Jawahar Lall, aged about 58 years, son of late Anandi Prasad Yadav, Resident of Maloudha, P S – Sonbarsha, District – Saharsa -Petitioner Versus 1 Bihar State Hydroelectric Power Corporation through its Managing Director, Sone Bhawan, Veer Chand Patel Path, Patna 2 Managing Director, Bihar State Hydroelectric Power Corporation, Sone Bhawan, Veer Chand Patel Path, Patna 3 The State of Bihar through Principal Secretary, Department of Energy, Government of Bihar, Patna 4 The Principal Secretary, Department of Energy, Government of Bihar, Patna -Respondents *** For the petitioner : M/s Bindhya Keshari, Sr Advocate & Kalpana, Advocate For the Corporation : Mr Naresh Dikshit For the S t a t e : Mr A N Panday, AC to GP 2 *** 2 12.10.2009 Heard the parties. The petitioner is the seniormost Engineer in the Bihar State Hydroelectric Power Corporation, a Government of Bihar undertaking. He has filed this writ application for quashing the advertisement issued by the Corporation calling for applicants for the post of Managing Director of the Corporation. He submits that he being the seniormost Engineer of the rank of Chief Engineer, he should, as per past practice, be appointed as Managing Director. The Memorandum of Association of the Corporation has been annexed. The said Momorandum, in no uncertain terms, lays down that the Managing Director would be appointed by the State Government. It is clear that it is not an ex cadre post to be filled up only by promotion. It is also not a post which is to be filled up 2 ex officio. In that view of the matter, the petitioner has no right of appointment to the said post. The advertisement cannot be interfered with. In case petitioner thinks that he is eligible and suitable for the said post, he would be at liberty to apply for the same and the State would consider the same in accordance with law and in accordance with their decision in the matter. The writ petition, thus, merits no consideration and is dismissed accordingly. M.E.H./ (Navaniti Prasad Singh)