IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.467 of 2008 ASHOK KUMAR & ORS Versus THE STATE OF BIHAR & ORS ----------- For the Appellants : Mr. Umesh Prasad Singh, Senior Advocate Mr. Amod Kumar, Advocate ----------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ----------- Dated, the 20th August, 2008. The senior counsel for the appellants canvassed two-fold submission before us, which was also advanced before the Single Judge. 2. That the present appellants (original petitioners) were party in the earlier writ petition [C.W.J.C. No. 515 of 1989(R)] is not in dispute. 3. Writ petition [C.W.J.C. No. 515 of 1989(R)] came to be disposed of by Division Bench of this Court on 9th July, 1990. In paragraph 29, the Division Bench considered the matter thus: - “Assuming that some injustice has been done to respondent nos.5 to 38 inasmuch as they were made to appear at the oral interview, despite a prohibition in relation thereto made in the advertisement (annexure-1); they have continued in the said posts for a long time and 2 they have made representations for the first time in the year 1981 and thus, in my opinion, it will be inequitable to place them over the petitioners after a long lapse of time.” 4. That an appeal therefrom has been dismissed by the Supreme Court being Civil Appeal No.5993 of 1990 on 17th April, 1996 is an admitted position. 5. We are afraid, the clock cannot be set back by reopening the issues, which has attained finality. The consideration of the matter by the Single Judge does not suffer from any legal flaw, justifying interference by us. We are in agreement with the reasoning of the Single Judge articulated in the impugned order. 6. L.P.A. is accordingly dismissed in limine. R. M. Lodha, CJ Kishore K. Mandal, J Pawan/-