The Government is entitled to conduct selection in accordance with the changed rules and make a final recruitment,no candidates acquired any vested right against the state – High court of Patna
TITLE- Suprita Kumari Vs The State of Bihar &ors
DECIDED ON-18/12/2023
+L.P.A No.717/2018
CORAM-HON’BLE JUSTICE MR.VIPUL M.PANCHOLI AND HON’BLE JUSTICE MR.RUDRA PRAKASH MISHRA
FACT
As per the facts of the case the Director, Primary Education published an advertisement for the appointment of Panchayat Teacher for 2nd phase of Panchayat Teacher Employment 2008.Out of the total vacancies in the state of Bihar, 6 were allotted to the different panchayat as per the availability of the vacancies.were the Gram Panchayat Raj Majhaulia in the District of sitamarhi was alloted 3 seats namely U.R-01,U.R(F)-01,E.B.C(F)-01 respectively and the appellant applied under the category U.R (F) (General Category).It further stated that after the completion of the scrutiny of the application forms of all the applicants,the final merit list dated in 10/01/2009 was prepared and date of counseling was fixed but the counseling of the appellant was not done and therefore the appellant preferred the appeal before the District Teacher Employment Appellate Authority and the authority after hearing the parties dismiss the appeal preferred by the appellant.Therefore the appellant preferred the civil writ Jurisdiction were the learned single judge dismissed the said writ petition and the appellant has filed the present appeal.
Law Involved/ Legal Provisions
As the present appeal is filed under clause 10 of the Letters patent Appeal of the Patna High court Rules against the order passed by the learned single judge.
Issue raised
Whether the order passed by the learned single judge in civil writ Jurisdiction case is valid ?
The Court analysis and decision
As per the Hon’ble court after hearing both the parties observed that from the above that no final merit list was prepared and the Appellant has no vested right of appointment on the basis of the provisional merit list prepared by the concerned Respondent Authority.As hereinabove the appellant herein whose name figured in the Provisional merit list cannot claim as a matter of right that she is required to be selected and appointed on the post in question as per the Rule 2008.The amended Rule have only prospective operations.Tge Government is entitled to conduct selection in accordance with the changed rules and make final recruitment.Further, no candidate acquired any vested right against the state.As going through the reasonable recorded by the learned single judge while dismissing the petition filed by the writ petitioner/appellant herein and no error is committed by the single Judge.Hence no interference is required in the present appeal.The appeal is dismissed.
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