BIBHA KUMARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS Letters Patent Appeal is filed against the order of the learned single Judge passed in C.W.J.C. no.13993 of 2006 dated 10th September, 2007 wherein it has been held that the appellant herein claims supperior to respondents no.8 and 9 who have been selected for the post of Panchayat Sewak in Gram Panchayat Raj Mathiya, P.O. & P.S. Kesaria, District-East Champaran. The learned single Judge has observed that the writ petitioner fails to lay down any foundation to satisfy the court, prima facie, that she is superior candidate than respondents no.8 and 9.

(2.) LEARNED counsel appearing on behalf of the appellant contended that the appellant has secured more marks than respondents no.8 and 9 but she was not selected. LEARNED counsel for the respondents submitted that the post was for a period of eleven months and the post has also been abolished. For the present it has to be noted that even according to the learned counsel appearing for the appellant the selection has been made in 2005 and the writ petition has been filed on 17th November, 2006 by which date the term of employment has come to an end. In the above circumstances, we are of the opinion that no cause of action survives.