IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.351 of 2011 1. Kishore Kumar, son of Chhatar Choudhary, resident of village Jamhaur, Police Station Jamhaur, District- Aurangabad 2. Ramnandan Ram, son of Maheshwar Ram, resident of village Karma Bhagwan, Police Station Aurangabad, District-Aurangabad 3. Raj Kumar Ram, son of late Bittan Ram, resident of village Parsurampur, Post Office Jaygovind Nagar, Police Station Varun, District- Aurangabad.. Petitioners Versus 1. The State of Bihar 2. The Chief Secretary, Government of Bihar, Old Secretariat Building, Patna 3. The Secretary, Department of Health, Government of Bihar, New Secretariat Building, Bailey Road, Patna- 800 001 4. The Engineer-in-Chief, Health Services, Government of Bihar, New Secretariat Building, Bailey Road, Patna- 800 001 5. The Divisional Commissioner, Magadh Division, Gaya 6. The District Magistrate, Aurangabad 7. The Additional Director-cum-Chief Malaria Officer, Swasthya Bhavan, Sultanganj, Patna 8. Civil Surgeon-cum-Chief Medical Officer, Aurangabad 9. District Malaria Officer, Aurangabad … Respondents ----------- For the petitioners: M/s. Rama Kant Sharma, Sr. Advocate, Rajesh Kumar and Narendra Kumar Singh, Advocates For the State: M/s. Gautam Bose, AAG 8 and Rohit Mishra, AC to AAG 8. ----------- 2. 26.7.2011 The petitioners are aggrieved by their non- inclusion in the District Panel of Aurangabad prepared by the District Magistrate pursuant to advertisement no. 1/2009 dated 11.11.2009 and corrigendum dated 9.1.2010 published in daily Hindi newspaper, Dainik 2 Jagaran. The petitioners claim to be casual daily wage employees working in Malaria Department for the last more than ten years and their names found places in the earlier panel. It is stated that petitioner nos. 1 and 2 applied pursuant to advertisement dated 11.11.2009 but admittedly the petitioner no. 3 had not applied. The main prayer pressed by learned counsel for the petitioners is that their names not having found place in the panel prepared by the District Magistrate and they having filed their representations before the District Magistrate, he should be directed to consider and dispose of the representation and include the names of the petitioners in the panel in accordance with law. On a consideration of the facts and circumstances of the case, this Court is of the view that since the petitioner no. 3 did not apply pursuant to the advertisement for preparation of the panel, no such direction can be issued in his favour. So far as the petitioner nos. 1 and 2 are concerned, they are directed to file fresh representations along with a copy of this order within 3 ten days and the District Magistrate, Aurangabad is directed to consider and dispose of their representations within a period of one week from the date of filing of fresh representation and in case they are found eligible to be included in the panel their names shall be so included in terms of the advertisement. The writ application is accordingly disposed of in terms of the aforesaid directions. S.Pandey ( Ramesh Kumar Datta, J.)