IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5880 of 1997 Suresh Chandra Tyagi, son of Shri Indradeo Pandeya, Secretary Shri Deoraha Baba Shikshan Sansthan, Indira Nagar, P.O. Sahdegri, P.S. Vijaipur, District Gopalganj. ------- Petitioner Versus 1. The State of Bihar. 2. Commissioner cum Chairman, Gandak Kshetra Vikas Abhikaran, Muzaffarpur, Combined Building Administratin, Muzaffarpur, Distt. Muzaffarpur. 3. Shri Narendra Kumar Sinha, Deputy Project Director, Waste Land Development Project, Chakkar Maidan, Muzaffarpur. 4. National Project Director, Work Land, Govt. of India, Ministry of Agriculture and Co-operative, Krishi Bhawan, Rajendra Prasad Marg, New Delhi. --------- Respondents ----------- 9 13.5.2011 No one appears for the petitioner. The following prayer of the petitioner prayed in this writ application; “1(a) To issue writ of Mandamus and any other writ or writs appropriate in the matter in consonance with the relief claimed for. (b) Command the respondents to restore the appointment of the petitioner’s institution and reinstate with the duty duly assigned earlier in the capacity of Non-Govt. Organization. (c) Direct the respondents to adher the norms of scheme and ensure the participation of Non. Governmental Participation in a bid to involve the people at large in developmental work. (d) To quash the letter of cancellation dated 26.12.1996 2 issued by the respondent no.2.” would lead to the consideration of the fact as to whether the non-governmental organization, namely, Shri Deoraha Baba Shikshan Sansthan, Indira Nagar, Gopalganj had been authorized to engage 33 volunteers by the Government in terms of the letter no.239 dated 7.6.1996. As a matter of fact, its being a contractual aspect between the aforementioned NGO and the Government, the same cannot be treated to be a service within the State so as to invoke the principles of appointment in Government service. Admittedly such allotment of scheme to the NGO was out and out non- statutory contract, which in view of the judgment of the Apex Court in the case of M/s Radhakrishna Agarwal & Ors. Vs. State of Bihar & Ors. reported in 1977 SC 1496 cannot be enforced by a writ application. The respondents have also taken a similar plea while explaining the purport of the impugned order wherein in paragraph no.11, it has been clarified that the NGO had not even signed the Memorandum of Understanding according to which the 3 promotion had to be made and as such, the question of payment of the work did not arise. The respondents in fact cannot be held to have committed even a breach of contract in view of the specific averments made in paragraph no.14 of the counter affidavit, which reads as follows:- 14. ------ It is relevant to state that the Petitioner’s organization had been appointed as a non-Government organization to execute the work. But the Petitioner’s organization started acting in a malafide way and did not even sign the Memo of Understanding. Even the letter asking to file show-cause, addressed to the petitioner was returned because the Petitioner was under custody in a Criminal Case. The show-cause was also not filed. In view of the facts and circumstances stated hereinbove and also in view of the fact that the Petitioner’s organization had not signed memo of understanding, the appoint was cancelled.” Be that as it may, as this Court has held this writ application to be not maintainable, it would dismiss the same by giving liberty to take recourse to ordinary remedy by filing a civil suit before the 4 competent civil court. With the aforementioned observations and liberty, this application is dismissed. Rsh (Mihir Kumar Jha, J.)