IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2603 of 2008 KAMAL KUMAR MANDAL son of late Chamak Lal Manda, resident of village and P.O- Kukurdaura(Dudhaula) Via narahiya, P.O.-Laukahi, Dist.-Madhubani Versus 1. THE STATE OF BIHAR 2.Vijay Kumar, District Magistrate, Sitamarhi 3. Ajit Kumar Singh, Deputy Development Commisisoner(D.D.C.),Sitamarhi 4. Milind Kumar Sinha, District Education Officer, Sitamarhi 5.Mahendra Rajak, Block Education Extension Officer, Block Dumra, District- Sitamarhi. -------- 4. 2.12.2008. Pursuant to the order of this court dated 19.3.2008 passed in batch of cases including of this petitioner, the respondents have passed an order contained in annexure-‘E’ to the show cause. In the order the respondent have expressed their inability in appointing the petitioner on the ground that while the writ petition of the petitioner and others was pending in this court vacancy had already been filled up and now in absence of available vacancy the petitioner and others cannot be appointed. However, it has been fairly stated in para-11 of the show cause that the case of the petitioner shall be taken up for appointment if he applies for the same for appointment in the next batch. In the circumstances, this contempt application is disposed of with liberty to the petitioner to submit a fresh application to the authority concerned for consideration of his appointment in the next batch. If he submits such an application, the authority shall consider the same on merit and take a decision in accordance with law in respect of his appointment on a vacant post. It is stated at the Bar that although date of submission of application has expired but panel has not been prepared as yet. Hence, petitioner is given liberty to submit an application to the respondents within two weeks from today with a copy of this order and upon - 2 - receipt of his application, the respondents shall consider the name of the petitioner for his empanelment on merits. With the above observation and direction, this contempt application is disposed of. Md.S. (J.N.Singh,J.)