Pat HC | No evidence to prove that cause of action still survives as the relevant scheme was introduced for a specific time period 

Patna High Court

Patna High Court: Madhuresh Prasad, J. dismissed the petition since it was devoid of any merits as the petitioner failed to have an enforceable claim.

The petitioner participated in the process of selection as “State Technical Consultant” for Panchayat Yuva Krida Aur Khel Abhiyan (for brevity, PYKKA). The PYKKA contemplated the appointment of a consultant which was to be funded by the Central Government up to a maximum amount of Rs 30,000 per month for a period of five years. The scheme commenced on 6-05-2009. It was contemplated that the appointment of a Technical Consultant on a contractual basis for one year on a consolidated remuneration would be done under the scheme. The renewal of the contract was at the discretion of the Authorities subject to the satisfactory performance of the individual.

The petitioner was selected as Technical Consultant. Certain other persons, who participated in the process of selection, approached the Authorities complaining that they could not appear in the process of selection for want of communication. In the in-house enquiry, it came to light that there was no proper communication, and a fresh process was ordered, due to which selection of the petitioner was cancelled.

In the fresh process, a third candidate was selected. PYKKA, under which the selection has been made is of May, 2009 and was to be funded only for five years thereafter. As per the Scheme, funding lapsed in the year, 2014. Nothing was brought on record to show that it continued thereafter. Even the fresh selections, were initially made for one year subject to renewal upon assessment of satisfactory performance. Petitioner did not place any evidence to prove that the other candidate chosen in his place was still continuing in the position or that the Scheme was continuing after five years. 

The Court held that the pleadings were insufficient with regard to the PYKKA, under which the selection had been done, and thus the petitioner had no valid and enforceable claim. [Gopal Jha v. Union of India, 2019 SCC OnLine Pat 1814, decided on 21-10-2019]

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