IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.656 of 2011 In (CIVIL WRIT JURISDICTION CASE 6779/2010) 1. Md.Rehan Ansari Son of Md. Yunus Ansari, resident of village - Fulout, P.S. Chousa, District- Madhepura 2. Sudhir Kr. Modi, Son of Ganesh Pd. Modi, resident of village Badikhal, P.S. Chousa, District- Madhepura 3. Arun Kumar Mandal Son of Fekan Mandal, resident of village Badikhal, P.S. Chousa, District- Madhepura 4. Sri Ram Yadav Son of Janardan Yadav, resident of village -Fulout, P.S. Chousa, District- Madhepura 5. Santosh Kumar Son of Late Shivnarayan Mandal, resident of village - Madhurapur, P.S. Chausa, District- Madhepura 6. Sanjay Kumar, Son of Haribansh Mishra, resident of village Resla, P.S. Miroliganj, District- Madhepura 7. Prince Kumar Son of Vidyanand Yadav, resident of village Resna, P.S. Miroliganj, District- Madhepura 8. Abhay Kumar, Son of Sital Yadav, resident of village Babhangama, P.S. Murliganj, District- Madhepura 9. Pramod Kumar Son of Vijay Sharma, resident of village Raghunathpur, P.S. Murliganj, District- Madhepura 10. Vidyanand Kumar Son of Hareram Pd. Yadav, resident of village - Mamargama, P.S. Sinheshwar, District- Madhepura 11. Umesh Kumar, Son of Radhakant Yadav, resident of village Patharaha P.S. Ghelar, District- Madhepura 12. Babloo Kumar Son of Parmanand Pd. Yadav, resident of village Lakshminiya P.S. Ghelar, District- Madhepura 13. Lalan Kumar Son of Ramdeo Yadav, resident of village Lakshminiya P.S. Ghelar, District- Madhepura 14. Chandan Kumar Son of Kirti Nr. Yadav, resident of village Parsahi P.S. Ghelar, District- Madhepura 15. Arun Kumar Son of Dobhi Pd. Yadav, resident of village Baluaha P.S. Ghelar, District- Madhepura 16. Santosh Kr. Saxena Son of Mundeshwari Pd. Yadav, resident of village Banchoucha P.S. Ghelar, District- Madhepura 17. Hriday Kumar Son of Yugan Pd. Yadav, resident of village Baluaha P.S. Ghelar, District- Madhepura 18. Ganesh Kumar Son of Chitan Pd. Yadav, resident of village Bhatrancha P.S. Ghelar, District- Madhepura 19. Rajesh Kumar Son of Ram Lagan Singh, resident of village Sahpur, PS Gwalpara, District Madhepura 20. Amit Kumar Son of Chandrabhusan Singh, resident of village Sahpur, PS Gwalpara, District Madhepura 21. Vikash Kr. Singh, Son of Jawahar Singh, Singh, resident of village Sahpur, PS Gwalpara, District Madhepura 22. Jeetendra Kumar Son of Thakur Pd. Singh, resident of village Sahpur, PS Gwalpara, District Madhepura 23. Kundan Kumar Son of Sashikant Yadav, resident of village Jivachpur, PS Gangharia, District Madhepura 24. Prabhash Chandra Yadav C/o Ram Dev Pd. Yadav, resident of village 2 Jivachpur, PS Gamharia, District Madhepura 25. Md. Sahanwaz Alam Son of Md. Samiruddin, resident of Ward no.5 Madhepura, PS Madhepura, District Madhepura 26. Dharmendra Kumar @ Dharmendra Sah Son of Upendra Sah, resident of village Lakshmipur, Ward No. 14. PS Madhepura District Madhepura 27. Birendra Kumar Yadav Son of Banka Lal Yadav, resident of village Yadavpatti, PS Kumarkhand, District Madhepura 28. Manoj Kumar Son of Bhuwaneshwari Pandit, resident of village Yadavpatti, PS Kumarkhand, District Madhepura 29. Subhash Kumar Son of Sri Khusilal Yadav, resident of village Yadavpatti, PS Kumarkhand, District Madhepura 30. Akhilesh Kr. Roy Son of Ramdev Pd. Roy, resident of village Fulout, PS Alamnagar, District Madhepura 31. Chittranjan Kr. Mandal Son of Laddu Mandal, resident of village - Fulout, P.S. Chousa, District- Madhepura .....Appellants Versus 1. The State Of Bihar through Home Secretary, Government of Bihar, Patna 2. Director General Super General Commandant Home Guard, Government of Bihar, Patna 3. District Magistrate, Madhepura 4. Superintendent of Police, Madhepura 5. District Commandant Home Guard, Madhepura 6. District Welfare Officer, Madhepura 7. Subdivisional Police Officer, Madhepura ......Respondents For the appellants: Mr. Y. V. Giri, Sr. advocate Mr. Ashok Kumar, advocate Mr. Rajendra Pd. Advocate For the State: Mr. Shailendra Kumar Jha, AC to SC 14 ---------------------------------- 4 04-08-2011 Heard the parties. We agree with the views of learned Single Judge that mere inclusion in a selection list does not create a right to get appointment. However, the prayer of the writ petitioners/ appellants was not for appointment as such but mainly for a direction that the 3 process of selection which had taken place in the year 2005 should be completed in accordance with law without any delay. The matter of appointment would arise only thereafter depending upon the views of the concerned competent authority. Under the statutory provisions, the District Magistrate, Madhepura is the competent authority and he has expressed his views in the reasoned order contained in annexure-4 to the writ petition that it is not possible to give a final shape to the process of selection because of the signature on some relevant papers by the Subdivisional Police Officer who was then Incharge Superintendent of Police and not by the regular Superintendent of Police, the Member of the Committee. We find no good reasons to interfere with the order passed by learned Single Judge because obviously no direction can be issued for the appointment of the petitioners/ appellants at this stage. However, the appeal is disposed of with a direction to the District Magistrate, Madhepura to apply his mind 4 to all the relevant facts and if he finds that the selection process cannot be taken further then he must issue necessary directions for cancelling the selection process already initiated and for initiating a fresh selection process. This must be done without any delay, preferably, within three months. BKS/- (Shiva Kirti Singh, J.) (Shivaji Pandey, J.)