IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8871 of 2008 DR.SHYAM SUNDER SINGH Versus THE STATE OF BIHAR & ORS ----------- 2. 23.4.2009 Heard learned counsel for the petitioner and the State. I.A. No. 3862 of 2008 has been filed for intervention. In view of the nature of the order being passed there is no occasion to entertain the intervention application. The petitioner claims that he is fully eligible to be considered and appointed to the post of Director in the Directorate of Indigenous Medicines (Department of Health Education and Family Welfare). It is submitted that the last incumbent to the post has retired on 31.12.2007. Two attempts were made unsuccessfully by the authorities to make ad hoc appointment. The case of the petitioner is that he is the senior most person eligible and thus the cause of action for the writ application. This Court certainly finds a prima facie case on the pleadings in the writ petition to the extent that if there exist a vacancy for the post of Director since 31.12.2007 the respondents are obliged in law to fill it up in accordance with the rules and regulations. The respondents are prohibited by this Court from indulging adhocism, which appears to be the cause for filing of the writ application. The writ application is therefore disposed with the observation that the respondents are required to make regular appointment on the post of Director in - 2 - the Directorate of Indigenous Medicines (Department of Health Education and Family Welfare) within a period of three months from the date of receipt/production of a copy of this order, in accordance with law according to the seniority of the claimants based upon service Rules and Regulations. On the expiry of the period of three months, the respondents are restrained from resorting to adhocism and any ad hoc appointment made by the respondents shall cease to operate by reason of the order with all it attended consequences. The writ application disposed of. P. Kumar (Navin Sinha, J.)