IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14794 of 2010 1. Chandradev Kumar, S/o Rajdev Prasad R/o Village + P.O. Pipra Parsai, Tola – Hanuman Nagar, P.S. Sonbarsa, District Sitamarhi 2. Masihuddin Ansari, S/o Md. M. Ansari R/O Village Pararia, P.O. Budhwal-via-Gorari, District Rohtash 3. Ranjay Animesh, S/o Late Kashinath R/o Miscot, P.O. Ramna, Behind Jubba Sahni Park, District Muzaffarpur 4. Vijay Kumar Agrawal, S/o Matura Prasad Agrawal R/o-8, Kothitand, P.O. Gomiya, District Bokaro, Jharkhand 5. Rakesh Kumar, S/o Umesh Narayan Thakur R/o-42, A.G. Colony (Old0, Kardu, Ranchi-834002) 6. Praveen Kumar Sinha, S/o Late D.P. Sinha R/o Rental Flat no. 216, Housing Colony, Kankarbagh, Patna-800020 7. Bimal Kumar, S/o Shri Babban Prasad Sinha R/o 4H/114, Bahadurpur Housing Colony, Patna 8. Sachin Kumar Kundan, S/o Dr. Rambriksh Prasad R/o Village + P.O. Chandi, District Nalanda 9. Sanjay Kumar Sinha, S/o Shri Vinay Kumar Singh R/o Village Shivpalpur, P.O. Punpun, District Patna 10. Ravi Kant, S/o Shri Keshav Prasad, R/o 332, A.P. Colony, District Gaya, At present Residing at – C/o Rakesh Tiwari, House No. 40, Shivaji Nagar Colony, Mahmoorganj, District Varanasi Versus 1. The State Of Bihar through the Principal Secretary, Animal Husbandry and Fisheries Resources Department- cum- Chairman, COMFED, Bihar, Patna 2. The Principal Secretary, Animal Husbandry and Fisheries Resources Department- cum- Chairman, COMFED, Bihar, Patna 3. The Managing Director, Bihar State Milk Co-operative Federation, Dairy Development Complex, P.O. Bihar Veterinary Complex, Patna-800014 4. Vikash Kumar S/o Not known, R/o Not known At present posted as Marketing Officer, Vikramshila Milk Producers’ Co-operative Federation Ltd, Bhagalpur Dairy, Jawaharlal Nehru Hospital Road, Mayaganj, Bhagalpur 5. Neha Nandita, D/o Not known R/o Not known. At present posted as Marketing Officer, Tirhut Milk Producers’ Co-operative Federation Ltd. P.O. Kolua Paigambarpur, Muzaffarpur Dairy, Muzaffarpur-843108 6. Javed, S/o Not known R/o Not known. At present posted as Marketing Officer, Tirhut Milk Producers’ Co-operative - 2 - Federation Ltd. P.O. Kolua Paigambarpur, Muzaffarpur Dairy, Muzaffarpur-843108 7. Vandana Kumari D/o Not known R/o Not known. At present posted as Marketing Officer, Patna Dairy Project, Phulwarisharif, Patna 8. Rupesh Kumar, S/o Not known R/o Not known. At present posted as Marketing Officer, Deshratna Dr. Rajendra Prasad Milk Producers’ Co-operative Federation Ltd. Barauni Dairy, Barauni, District Begusarai 9. Kajal, D/o Not known R/o Not known. At present posted as Marketing Officer, Shahabad Milk Producers’ Co-operative Federation Ltd. Katira Mod, Arah For the Petitioners :Mr. Awadhesh Kumar, Advocate For the Respondent no. 3 :Mr. Rajesh Prasad Choudhary, Advocate 03/ 21.09.2010 In compliance of my order dated 6.9.2010, petitioners have filed supplementary affidavit, which is taken on record. 2. Heard learned counsel for the parties. 3. Petitioners are questioning the appointment of private Respondents 4 to 9, who have been appointed as Marketing Officer in the different unit(s) of Bihar State Milk Co-operative Federation (hereinafter referred to as the Federation). The challenge to the appointment of private Respondents 4 to 9 is on the ground that the selection process by which they were appointed was conducted violating Articles 14 and 16 of the Constitution of India, as according to the petitioners, the selection process was not conducted in - 3 - accordance with law. 4. Counsel for the Federation, however, states that the writ petition as framed is not maintainable, as the Federation is not a State within the meaning of Article 12 of the Constitution of India. In support of such submission, learned counsel for the Federation has relied upon the order of the Full Bench of this Court dated 8.9.2009, passed in C.W.J.C. No. 3110 of 2004 (Vidya Bhushan Singh Abhai Vrs. The Bihar State Co- operative Milk Producer’s Federation Ltd. & ors.). 5. In the light of the direction given by the Full Bench of this Court dated 8.9.2009, I dismiss the writ petition with liberty to the petitioners to assail the appointment of the private Respondents 4 to 9 by filing a petition under Section 48 of the Bihar Cooperative Societies Act, 1935, as has been held in the order of the Hon’ble Single Judge in the case of Bihar Co- operative Bank Employees Union Vrs. Ranchi- Khunti Central Co-operative Bank Limited and others, reported in 2004(4) PLJR 179. Arjun/ (V.N. Sinha, J.)