IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.52 of 2007 ==================================================== RAM NANDAN THAKUR, SON OF YOGENDRA THAKUR, RESIDENT OF VILLAGE- BARI AGHU, POLICE STATION- BEGUSARAI, DISTRICT- BEGUSARAI :----PETITIONER. Versus 1.THE STATE OF BIHAR 2. THE SECRETARY, DEPARTMENT OF FINANCE, GOVERNMENT OF BIHAR, PATNA. 3. THE SECRETARY CUM-COMMISSIONER, DEPARTMENT OF PERSONNAL AND ADMINISTRATIVE REFORMS GOVERNMENT OF BIHAR, PATNA. 4. THE DISTRICT MAGISTRATE, BEGUSARAI. 5. THE DEPUTY COLLECTOR, ESTABLISHMENT, BEGUSARAI, COLLECTARIATE, BEGUSARAI. 6. THE DEPUTY COLLECTOR, NAZARAT, BEGUSARAI, COLLECTORIATE, BEGUSARAI :---RESPONDENTS. ==================================================== Appearance : For the Petitioner : Mr. JITENDRA KR.ROY, ADVOCATE. For the Respondent/s: MR. SHASHI SHEKHAR PD. SINHA, A.C. TO G.P.17. ==================================================== 2. 04.07.2011. Heard learned counsel for the petitioner and the State. 2. Petitioner earlier served as a candidate peon in the Collectorate at Begusarai. In the light of the general notice for appointment against Class-IV post in the Collectorate bearing Memo No. 948 dated 23.10.2006 published in the Hindustan Newspaper dated 05.11.2006 petitioner along with others was an applicant for being considered for appointment against Class- IV post in the Collectorate. 3. It is submitted on behalf of the 2 petitioner that in the light of the application received pursuant to advertisement dated 05.11.2006 the provisional panel was published by the authorities of the Collectorate, Begusarai in which name of the petitioner is at serial no. 33. Candidates appearing from Serial No.1 to 32 have been appointed against the Class-IV post without finalization of the said panel as a contempt petition was pending in this Court. According to the petitioner the authorities having appointed 32 candidates from the panel are not proceeding further with the appointment process against the remaining post which was advertised. From the general notice, Annexure- 1, however, it does not appear the number of post which were advertised. Counsel then submitted that from the letter of the District Magistrate, addressed to the Secretary, Revenue and Land Reforms Department of the State Government bearing no. 265 dated 31st March, 2005, Annexure-10 it would appear that before the advertisement there were 75 number of Class-IV vacancy in the Collectorate and direction be issued to fill up the remaining vacancy. 3 4. Appointment and filling up the vacancy is the concern of the appointing authority. The Appointing Authority, Collector, Begusarai has already filled up 32 out of 75 posts which were vacant on 31st March, 2005 and thereafter he is not proceeding to make any appointment. This Court does not have the jurisdiction to direct the appointing authority to fill up the remaining post as it is the responsibility of the appointing authority to consider whether it is necessary to fill up the remaining post. 5. Accordingly, this writ petition is disposed of directing the Collector, Begusarai to consider whether he wishes to make further appointment from the panel out of which he has appointed 32 candidates and pass appropriate orders in accordance with law, as early as possible, in any case within a period of two months from the date of receipt/production of a copy of this order before the Collector, Begusarai. P.K.P. (V.N.Sinha,J.)