IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10588 of 2010 UPENDRA NATH DAS, SON OF NIRMAL DAS, RESIDENT OF BASANTPUR, P.S.SILLI, DISTRICT RANCHI(JHARKHAND). Versus 1. THE CHAIRMAN, MADHYA BIHAR GRAMIN BANK, HAVING HIS HEAD OFICE AT MEENA PLAZA, SOUTH OF PATNA MUSEUM, PATNA-800001. 2. THE GENERAL MANAGER, MADHYA BIHAR GRAMAIN BANK HAVING HIS OFFICE AT MEENA PLAZA, SOUTH OF PATNA, MUSEUM, PATNA-800001. ----------- 02. 09.07.2010 Heard learned counsel for the petitioner and the counsel for the Madhya Bihar Gramin Bank(hereinafter referred to as the Bank). 2. Petitioner has filed this writ application for a direction to the Bank to consider his case for appointment against one of the five vacancies meant for scheduled caste category(backlog) in the advertisement published in the employment news dated 17-23.4.2010, Annexure-4 on the ground that he appeared in the selection test conducted in the year 1992-93 and was included in the select list but when not appointed he filed C.W.J.C. No.9287 of 1999 which was disposed of under orders dated 23.6.2000, Annexure-1 directing the petitioner to file representation before the Bank as to why he is not being appointed, although included in the select list with further direction to the Bank to consider the representation and pass reasoned order in the light of the orders of this Court dated 11.12.1997 passed in C.W.J.C. No. 1150 of 1996. In compliance of the orders of this Court petitioner filed representation dated 15.7.2000, which was disposed of by the General Manger of the Bank under order dated 2.9.2000, Annexure-2, whereunder it was held that petitioner could not be considered in the scheduled caste category on account of lack - 2 - of vacancy. Aforesaid order was passed by the Bank in compliance of the orders of this Court, paragraph-34(a) of the order dated 23.3.1994 passed in C.W.J.C. Nos.572, 9411, and 3486 of 1993. Order dated 2.9.2000, Annexure-2 does not indicate that while passing the said order the authorities took into account the order of the High Court dated 11.12.1997 passed in C.W.J.C. No. 1150 of 1996 as was directed under orders dated 23.6.2000. 3. Petitioner challenged the order dated 2.9.2000, Annexure- 2 by filing C.W.J.C. No. 11116 of 2000, Annexure-3 praying inter alia to quash order dated 2.9.2000 for the reason that while passing the said order the Bank did not consider the direction of this Court contained in order dated 11.12.1997 passed in C.W.J.C. No. 1150 of 1996 to create vacancy for the scheduled caste category. This court having considered the submission raised in C.W.J.C. No.11116 of 2000 permitted the petitioner to withdraw the writ application for taking appropriate action against the respondent Bank for failure to consider the orders of this Court dated 11.12.1997 passed in C.W.J.C. No.1150 of 1996. 4. It is submitted on behalf of the petitioner that having withdrawn C.W.J.C. No. 11116 of 2000 under orders dated 8.11.2000 petitioner filed M.J.C. No.59 of 2001 which was heard by a Bench of this Court on 1.4.2010 and the Hon’ble Judge having heard the contempt application passed reasoned order dismissing the contempt petition, copy whereof has not yet been granted to the petitioner, meanwhile petitioner having come to learn about the advertisement - 3 - issued by the Bank in employment news dated 17-23.4.2010 seeking appointment against 05 backlog vacancies for scheduled caste category has filed this writ application praying inter alia to direct the Bank to consider his case on the basis of the select list of 1993-94 for appointment against one of the five backlog vacancy. From advertisement, Anenxure-4 it does not appear that five number of backlog vacancies for scheduled caste is of the year 1992-93 against which petitioner appeared in the selection process. Any appointment on the basis of the select list published in the year 1992-93 cannot be directed to be made in the year 2010. In the circumstances, I do not find any merit in the writ application, which is dismissed. Rajesh/ (V.N.Sinha, J.)