IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10779 of 2007 SHAMBHU SHARAN CHAUDHARY Versus THE STATE OF BIHAR & ORS ----------- For the petitioner : Mr. Y.V. Giri, Sr. Advocate Mr. Ajay Kumar Pandey, Advocate For the State : Ms. Alka Verma, AC to AAG IX 5 3.11.2009 In the instant writ petition the petitioner seeks a direction to the respondent authorities for his appointment in Jawahar Navodaya Vidyalaya, Baleshara, Gopalganj. It is an admitted position that the petitioner’s father has donated a piece of land for establishment of Navodaya Vidyalaya in Village Baleshra, P.S. Uchkagaon, District Gopalganj. It is submitted that in lieu of the donation of valuable piece of land, the petitioner’s father was of the view that the Navodaya Vidyalaya Committee would consider the appointment of one of his wards on sympathetic ground. However, the petitioner was even appointed by the Navodaya Vidyalaya Committee on casual basis for some period. It is further submitted that there still vacancy exists in the school. A counter affidavit has been filed on behalf of the State as well as respondent nos.4 and 5 stating therein that they do not have power to appoint a person only on the ground that his father had donated the land for opening of the School. Having heard counsel for the parties, this court is of the view that if pursuant to the vacancy the petitioner applied, his case would be considered along with other candidates. The 2 KHAN respondent authorities may consider the aspect that the petitioner has worked in the School on casual basis for quite some time. With the aforesaid observations, this writ petition stands disposed of. (S.P.Singh,J)