IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10796 of 2002 SANJUKTA KUMARI, Wife of Subhash Chandra Singh, resident of Village-Deodha, P.O. & P.S.-Bath, District-Bhagalpur .................................. Petitioner Versus 1. THE UNION OF INDIA, through Dy. Secretary, Ministry of Health and Family Welfare, New Delhi. 2. The State of Bihar. 3. National A I D S Control Organisation, New Delhi through Deputy Secretary, Ministry of Health and Family Welfare, New Delhi. 4. Project Director, Bihar State AIDS Control Society, State Institute of Health and Family Welfare Building, Shekhpura, Patna-14. 5. Principal, Jawahar Lal Nehru Medical College, Bhagalpur. 6. Head of the Department, Micro-Biology, Jawahar Lal Nehru Medical College, Bhagalpur. .......................... Respondents with CWJC No.10812 of 2002 DR.GAIBI RAM MADHUP, son of Late Bhola Prasad, Male Counsellor of V.C.T.C. Microbiology Depty, Jawaharlal Nehru Medical College, Bhagalpur, resident of Ghogha Bazar, P.O.-Ghogha, P.S.-Kahalgaw, District-Bhagalpur. .............................. Petitioner Versus 1. THE STATE OF BIHAR through Chief Secretary. 2. The Health Commissioner, Govt. of Bihar, Patna. 3. The Project Director, Bihar State AIDS Control Society, State Institute of Health and Family Welfare, Department of Health, Govt. of Bihar, Patna. 4. Dr. A.K. Verma, the Principal, Jawaharlal Nehru Medical College, Bhagalpur. 5. Dr. R.C. Yadav, Head of the Department of Microbiology, Jawaharlal Nehru Medical College, Bhagalpur. ........................... Respondents with CWJC No.13898 of 2002 ANANT KUMAR AGRAWAL, Son of Sri Gopal Prasad Agrawal, resident of Bela Nauwad, P.S.-Beldaur, District-Khagariya. ................................. Petitioner Versus 1. THE STATE OF BIHAR through the Chief Secretary. 2. The Health Commissioner, Govt. of Bihar, Patna. 3. The Project Director, Bihar State Aids Control Society, Health Department, Govt. of Bihar, Shekhpura, Patna. 4. Dr. A.K. Verma, the Principal, Jawahar Lal Nehru Medical College, Bhagalpur. 5. The Head of the Department, Microbiology Dept., Jawaharlal Nehru Medical College, Bhagalpur. ................................. Respondents ----------- 2 4 25/6/2010 Heard counsel for the parties. Counsel for the petitioner would submit that he has got no instruction from the petitioner as with regard to the present status. In the writ applications prayer of the petitioner was confined for the following relief:- “(i)An appropriate writ, order or direction be issued to quash the Advertisement dated 11.8.2002 published in the name of Respondent no.5 in Hindustan Times published from Patna as well as the Advertisement dated 7.86.2002 published in the name of respondent no.5 in the newspaper namely „Nai Bat‟ published from Bhagalpur inviting application for appointment to be post of Female counselor in Bihar State AIDS Control Society at Jawaharlal Nehru Medical College, Bhagalpur. (ii)An appropriate writ, order or direction be issued commanding the Respondent no.4, 5 and 6 to allow the petitioner to continue at the post of Female Counselor in Bihar State AIDS Control Society at Jawaharlal Nehru medical College, Bhagalpur in pursuance of the guidelines issued by the Government of India, Ministry of Health and Family Welfare National AIDS Control Organisation, New Delhi.” This Court while adjourning further hearing of this case by order dated26.9.2002 had only restrained the respondents from making any appointment pursuant to the impugned advertisement contained in Annexures 6 and 6/1 and had not passed any interim order for indefinite continuation of the petitioner in service. The terms and conditions of appointment of the petitioner was limited to a period of one year. There is nothing on record to show that services of the petitioner were ever extended after expiry of a period of one year. The petitioner‟s 3 limited right to continue in service therefore had automatically come to an end after expiry of such period of one year. This Court, however, would make it clear that as Annexures 6 and 6/1 was not given effect to, only on account of interim order passed on 26.9.2002, it would be open now to the respondents to advertise the posts afresh and make appointment strictly in accordance with law. It goes without saying that if the petitioners also fulfil the qualification their case may also be considered pursuant to the said advertisement. That being so, all these applications are disposed of with the aforementioned observation and direction. Abhay Kumar ( Mihir Kumar Jha, J.)