JUDGMENT : NAVANITI PRASAD SINGH, J. Heard Sri Yogesh Chandra Verma, learned Senior Counsel appearing in support of this appeal. This Intra-Court Appeal has been filed against judgment and order dated 17.06.2014 in C.W.J.C. No. 395/2011 and analogous cases. We have heard this matter, and with consent of the parties, finally disposing of this appeal at this stage itself. It appears that in 1989, an advertisement was issued by the Bihar School Examination Board for permanent appointment to the post of Assistant, Driver, Clerk and other 3 posts. The writ petitioners/appellants had applied. The process dragged on, but final results were not being declared. The writ applications had been filed for declaration of results. Pursuant to direction in those writ petitions, dated 29.11.1996, results were published on 31.03.1998, thereafter, the Board had cancelled the whole process. The ground for cancellation was that, in between 1989 and 1998, the function of the Board had been reorganized, inasmuch as the intermediate curriculum was taken away from the Board and a separate Bihar School Examination Board was established. The requirement of staff/employee had substantially reduced, and thereafter there was no further recruitment of employment. Thereafter in 2009, a fresh advertisement was issued by the Board for recruitment of about 32 assistants for a period of 11 months on contractual basis. It was specifically provided that the selection would be made from competent assistants who retired from service. Being aggrieved by this advertisement and alleged mala fide, these group of writ petitions were filed by the applicants, who had applied in the year 1989, and whose case has been closed way back in the year 1998. They alleged that if there was no vacancy for their appointment, why these fresh appointment. On the face of it, the argument made on behalf of the appellant merits no consideration, as their appointment process was closed in the year 1998. This advertisement is now being issued in the year 2009, 11 years later. This advertisement is for a temporary appointment of retired persons, meaning thereby of experienced persons on contractual basis. The number is far and few from what was originally advertised in the year 1989, 20 years back. Thus, the plea of mala fide of false affidavits cannot be sustained. Unfortunately, because these writ petitions were filed, even advertisement in 2009, has not been acted upon.
The number is far and few from what was originally advertised in the year 1989, 20 years back. Thus, the plea of mala fide of false affidavits cannot be sustained. Unfortunately, because these writ petitions were filed, even advertisement in 2009, has not been acted upon. Thus, we fail to see what right accrues to the writ petitioners/appellants to pursue in the matter. The writ petition was rightly dismissed by learned Single Judge. This appeal is, accordingly, dismissed.