IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.132 of 2004 YOGENDRA PRASAD SAH Versus THE STATE OF BIHAR & ORS ----------- 6/ 12/03/2010 A panel was published on 12.8.2000 of daily wagers for appointment. The petitioner was at Serial-89, but was not appointed even while certain others were appointed details whereof are mentioned in the supplementary affidavit filed on behalf of the petitioner, more particularly the orders dated 7.10.2004 in pursuance of certain orders of this Court in C.W.J.C. No.12493/2000. Those who come to the Court in time and those who do not, form two separate classes and cannot be put at par. The indolent and the vigilant form two separate categories. The law stands well settled that even a claim for similar relief as granted to others by the Court can be denied if a person does not approach the Courts in time to seek similar relief. The next submission is that this panel was modified on 12.8.2002. In that, the name of the petitioner figured at serial No.100. The submission is that the authorities prepare panels for purposes of appointment and therefore the exercise of preparation of panel cannot be allowed to degenerate into arbitrariness by mere preparation of panels and not followed by appointment. Once a panel is prepared 2 appointment has to follow. The law stands well settled that no person has a right to appointment, but only a right to be considered for appointment. It stands equally settled that mere empanelment does not create a right to appointment. Appointments from a panel shall depend upon availability of vacancies and the life of the panel in accordance with law. There is no pleading in the writ application that any person below the petitioner in the panel has been appointed ignoring his claim violating his fundamental right to consideration under the Constitution of India. Even if the petitioner may have had any claims under a panel on 12.8.2002, normally speaking, under Article-14 of the Constitution of India a panel has a life for one year only unless the Rules provide otherwise. This panel has had its life till 12.8.2003. The petitioner invoked the jurisdiction of this Court on 19.12.2003 beyond the life of the panel and therefore this Court finds it difficult to grant him any relief considering the matter from any angle. The writ application stands dismissed. KC/ ( Navin Sinha, J.)