IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18994 of 2010 1. RANJAN KUMAR JHA, son of Hari Shankar Jha, resident of village Sanahpur, P.S. singhwara, District Darbhanga and present address is High Court Campus in Peon’s Quarter. 2. Arun Kumar Choudhary, son of Sri Radheshyam Choudhary, resident of village +P.O. Pindaruch, P.S. Kamtaul, District Darbhanga (Bihar). 3. Akhilesh Kumar Choudhary, son of Radheshyam choudhary, resident of Patna High Court Compund, Quarter No.14, P.S. Kotwali, P.S. G.P.O. District Patna. 4. Amit Kumar, son of Ashok Rai, resident of High Court Campus, P.H.E.D. Office, Patna-1. 5. Vinod Kumar son of Sri Lallu Rai, resident of High Court, Pani Tanki Road No.4, Devi Asthan, Patna. 6. Gaurav Kumar Mishra, son of Balkeshwar Mishra, resident of Peon Quarter No.9, High Court, Near Purvi Gate, Patna. 7. Ajay Kumar, son of Sri Rampati, resident of village Kako Pali Pokhar, P.O. Pali, P.S. Pali, District Jehanabad (Bihar) and Present Address is East Ram Krishna Nagar, P.S. Ram Krishna Nagar, P.O. Dhalma, District Patna. 8. Raj Kumar Rai, son of Sri Rajendra Rai, resident of village Samachak, P.O. Harouli, P.S. Hajipur, District Vaishali (Bihar). 9. Prabhu Dayal Son of Ramanand Ravidas, resident of village Chilbillee, P.O. Nisarpura, Bhaya Viyor, District Patna. 10. Sikandar Paswan, son of sri Shivjee Paswar, resident of Peon Quarter, Qr. No.4, High Court Campus, Patna. 11. Rakesh Kumar son of late Tulsi Ram, resident of Adalatganj, Quarter No.26, Patna. 12. Amardeep Kmar Ram, son of Sri Pati Ram, resident of village Parsa, P.O. Parsa, P.S. Mahgama, District Godda (Jharkhand) and present address is Adalatganj, Peon’s Quarter No.26. 13. Anil kumar, son of Sri Satendra Prasad, resident of village Sihuli, P.O. Chanoura, P.S. Vena, District Nalanda (Bihar) and present address is Adalatganj, Peon’s Quarter, Patna. 14. Chandrakant Kumar, son of late Veem Prasad, resident of village New Baipass Dhelma, P.O. Dhelma, P.S. Ram Krishna Nagar, District Patna. 15. Sanjeev Kumar, son of Ram Prit Prasad, resident of village Makhdumpur, P.O. Malikpur, P.S. Krai Pashu Rai, District Nalanda and present Address is Adalatganj, Peon’s Quarter No.5, Block A Patna. 16. Shravan Rai, son of Dashrath Rai, resident of village Nilkanth Tola (Goraiya Asthan), P.O. Viyarpur, P.S. Maner, District Patna. 17. Santosh Kumar Raut, son of Chhotelal Raut, resident of High Court, Sweeper Quarter No.11, Patna. 18. Rinki Kmari, daughter of Sri Tarkeshwar Prasad, resident of Dahiyanwa Brahmatoli, P.S. Chapranagar, District Saran. 19. Ajay Kumar Upadayay, son of Sri Parmanand Upadhyay, resident of village Bhikhampur, P.O. Dangshi Vishnupura, P.S. Singhwalia, District Gopalganj and present address is Police Barrack, Purvi Gate, High Court, Patna. 20. Rajesh Kumar Pathak, son of Sri Manmohan pathak, resident of village Pachuan, P.O. + P.S. Pachuan, district Chapra (Bihar). Versus 1. THE HIGH COURT OF JUDICATURE at Patna through Registrar General. 2 2. The Registrar General, Patna High Court, Patna. 3. The Joint Registrar (Establishment) Patna High Court, Patna. 4. The Court Officer, Patna High Court, Patna. 5. Pramod Kumar, son of not know to the petitioner. 6. Miss. Kevita Anand, daughter of not known to the petitioner. 7. Sri Ram Kumar Shah, son of not known to the petitioner. 8. Virendra Kumar, son of not known to the petitioner. 9. Md. Yusuf, son of not known to the petitioner. 10. Rakesh Kumar, son of not known to the petitioner. 11. Santosh Kumar, son of not known to the petitioner. 12. Dharmendra Prasad Singh, son of not known to the petitioner. 13. Madan Kumar, son of not known to the petitioner. 14. Hira Nand Rai, son of not known to the petitioner. 15. Miss. Vibha Kumari, daughter of not known to the petitioner. 16. Rajesh Kumar Rai, son of not known to the petitioner. 17. Ajay Kumar, son of not known to the petitioner. 18. Narayan kumar, son of not known to the petitioner. 19. Anil Kumar Pandey, son of not known to the petitioner. 20. Md. Shamsher Alam Ansari, son of not known to the petitioner. 21. Raj Kumar Singh, son of not known to the petitioner. 22. kunal Gaurav, son of not known to the petitioner. 23. Md. Imtiyaz Alam, son of not known to the petitioner. 24. Bibhash Chandra Jha, son of not known to the petitioner. 25. Rashmi Kumari, daughter of not known to the petitioner. 26. Sunil Kumar, son of not known to the petitioner. 27. Miss. Gulsan Parwin, daughter of not known to the petitioner. 28. Narayan Jha, son of not known to the petitioner. 29. Alok Ranjan, son of not known to the petitioner. 30. Pradip Kumar, son of not known to the petitioner. 31. Mahesh Kumar Jha, son of not known to the petitioner. 32. Mahendra Prasad, son of not known to the petitioner. 33. Kameshwar Paswan, son of not known to the petitioner. 34. Md. Shamim, son of not known to the petitioner. 35. Arun kumar Paswan, son of not known to the petitioner. 36. Ravi Ranjan, son of not known to the petitioner. 37. Gyan Prakash, son of not known to the petitioner. 38. Miss. Mamta Kumari, daughter of not known to the petitioner. 39. Manoranjan Giri, son of not known to the petitioner. 40. Bipin Kumar Mahto, son of not known to the petitioner. 41. Saroj Kumar Thakur, son of not known to the petitioner. 42. Md. Sarwar, son of not known to the petitioner. 43. Karmu Kumar, son of not known to the petitioner. 44. Sanjiv Kumar, son of not known to the petitioner. 45. Miss. Mamta Kumari daughter of not known to the petitioner. 46. Vijay Kumar Singh, son of not known to the petitioner. 47. Raju choudhary, son of not known to the petitioner. 48. Md. Akbar, son of not known to the petitioner. 49. Abdul Rahim, son of not known to the petitioner. 50. Md. Imtiyaz Ali, son of not known to the petitioner. 51. Sattan Mohtar, son of not known to the petitioner. 52. Santosh Kumar Das, son of not known to the petitioner. 3 53. Manish Kumar, son of not known to the petitioner. 54. Dharmendra Kumar, son of not known to the petitioner. All are working under the office of respondent No.4 in the establishment of Hon’ble Patna High Court. ----------- 2 24.11.2010 The present writ application has been filed by the petitioners on the ground that they have been called for interview for the different posts of general category in the High Court of Judicature at Patna and their grievances are that although they have been putting on the waiting list for appointment, but till date they were not appointed, whereas, others who were below in the waiting list have been appointed. Counsel appearing on behalf of respondent no.1, the High Court of Judicature at Patna through Registrar General, on the basis of materials available on records would submit that there were certain vacancies, namely, 40 posts of General Category, one post of Bicycle Mechanic, one post of painters and two post of Cushion Makers. Accordingly, the total number of vacancies was 44, and the total number of candidates applied were 1521 and 1159 candidates were appeared for interview in which 44 candidates had selected and the waiting list was prepared for 80 candidates. It has further been submitted that as the panel was of the year 2007 the same has automatically exhausted. Having heard both the parties, this Court is of the opinion that mere empanelment in the waiting list will give no right to the candidates to be appointed on the post for which the panel was prepared. The said view is also supported by the 4 judgment of the Apex Court in the case of ‘State of Orissa & Anr Vs. Raj Kishore Nanda & Ors’ reported in JT 2010 (6) SC 33. In that view of the matter, there is no merit in this writ application and the same is accordingly dismissed. Abhay Kumar (T. Meena Kumari, J.)