IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.693 of 2005 1. SUSHIL KUMAR S/O CHANDRESHWAR PRASAD VISHWAKARMA, R/O DUMARA RAJA BAZAR. PO- B.V. COLLEGE, PS- SHASTRINAGAR DISTT-PATNA 2. MITHILESH KUMAR S/O PARMANAND RAI C.C. 182, PEOPLES CO-OPERATIVE COLONY, KANKARBAGH, PATNA 3. DINESH PRASAD S/O ANANTU PRASAD R/O STATION ROAD, PO- FATUHA DISTT-PATNA-----------RESPONDENTS. Versus 1. THE STATE OF BIHAR THROUGH THE COMMSSIONER-CUM-SECY. DEPTT. OF PERSONNEL & ADMINSTRATIVE REFORMS, GOVT. OF BIHAR, PATNA 2. THE CHAIRMAN, BPSC, 15 BAILEY ROAD, PATNA 3. THE DIRECTOR, INTEGRATED CHILD DEVELOPMENT SCHEME, SOCIAL WELFARE DEPTT. GOVT. OF BIHAR---RESPONDENTS ----------- For the Petitioner: Mr. S. C. Mitra, Advocate For the State: Mr. AC to GA-V For the BPSC: Mrs. Nilu Agrawal, Advocate -------- 3 16.8.2010 Heard learned counsel for the parties. Admitted position which has emerged from the counter affidavit filed on behalf of respondent no.2 is that even though the Bihar Public Service Commission was reluctant to make recommendation for appointment on the post of Statistical Assistants, as the post available with the department was to be filled up on contractual basis, they forwarded the recommendation because of the order passed by the High Court in a contempt application. The stand of the BPSC is that they do not make recommendation for appointment which is not permanent in nature but due to judicial intervention recommendation was made even though the post to be filled up was on contractual basis. The State Government cannot be directed to make appointment on a permanent basis. Learned counsel for the petitioners informs the Court that the petitioners are permanent employees under the State - 2 - and are working on other posts such as teacher. If they have chosen not to join the posts on contractual basis then the question raised in the present writ application remains academic only and no adjudication is required in the given background. This writ application is dismissed as being misplaced. RPS (Ajay Kumar Tripathi, J.)