IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.10097 OF 2007 NAUSHAD ALAM, SON OF ABDUSH SHAKOOR, RESIDENT OF MOHALLA-LINE, P.S.- KISHANGANJ, DISTRICT- KISHANGANJ. …….. PETITIONER. VERSUS 1. THE STATE OF BIHAR THROUGH THE DISTRICT MAGISTRATE, KISHANGANJ. 2. THE DISTRICT MAGISTRATE-CUM-CHAIRMAN, DISTRICT YAKSHAMA CONTROL SOCIETY, KISHANGANJ. 3. THE CIVIL SURGEON-CUM-SECRETARY, DISTRICT HEALTH SOCIETY, KISHANGANJ. 4. THE CIVIL SURGEON-CUM-CHIEF MEDICAL OFFICER, KISHANGANJ. …….. RESPONDENTS. ----------- 02/ 17.10.2011 Heard counsel for the parties. Having regard to the fact that the respondents after filing of the writ application could discover that one Binod Kumari Rai was wrongly appointed by them on the post of supervisor, and that his such appointment was also cancelled on 12.10.2008, would leave now nothing for adjudicating the grievance of the petitioner confined only to the aforementioned illegal appointment of Binod Kumar Rai. The resultant vacancy on account of removal of Binod Kumar Rai from the post of Supervisor being a fresh vacancy, the same will have to filled up again by following the prescribed procedure of law and the mandate of Article-14 of the Constitution of India. Merely 2 because the petitioner remained an applicant or was edged out on account of illegal appointment of Binod Kumar Rai will not give him any preferential right for his being appointed on the post of supervisor. It, however, goes without saying that if the petitioner would apply for fresh appointment and in case he becomes over age, the Authority shall condone his age for considering his case, inasmuch as, the earlier selection process itself in which the petitioner was also an applicant was found to be vitiated. With the aforementioned observation and direction, this application is disposed of. Ranjan (Mihir Kumar Jha, J)