IN THE HIGH COURT OF JUDICATURE AT PATNA L.P.A. No.321 of 2011 IN C.W.J.C. No. 393 of 2010 ==================================================== Madhumati Kumari, D/o Shri Dharmraj Ram, R/o Quarter No. 113, Type-1 Post & Telegraph Colony, Kidwaipuri, Patna. ……… Petitioner-Appellant. Versus 1. The State of Bihar. 2. Principal Secretary, Department of Health and Family Welfare, Government of Bihar, Patna. 3. Indira Gandhi Institute of Medical Sciences, Sheikhpura, Patna-800014 through its Director. 4. Director, Indira Gandhi Institute of Medical Sciences, Sheikhpura, Patna-800014. 5. Deputy Director (Administration), Indira Gandhi Institute of Medical Sciences, Sheikhpura, Patna. …….. Respondents-Respondents. ==================================================== APPEARANCE: For the Appellants : Mr. Manish Kumar, Advocate. For the Respondents : Mr. Dinbandhu Singh, GP-9 ==================================================== CORAM: HONOURABLE THE CHIEF JUSTICE And HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 2. 24.02.2011. This Appeal preferred under Clause 10 of the Letters Patent arises from the judgment and order dated 6th December 2010 passed by the learned single Judge in above CWJC No. 393 of 2010. Pursuant to the advertisement for filling in five vacancies published on 19th December 2007 the petitioner- appellant had applied for selection and appointment to the post of Sister Grade-2. Indisputably, the appellant was not selected for appointment on the post of Sister Grade-2. 2 In the petition filed in the year 2010 the appellant claimed that she was at Sl. No. 6 on the merit list or at Sl. No. 1 on the wait list. Since one of the selected candidates did not accept the appointment, she had right to be appointed on the unfilled vacancy. The claim of the appellant was contested. It was denied that the appellant was selected and placed at Sl. No. 6 as alleged by her or that she was placed at Sl. No. 1 on the wait list. In absence of the selection of the appellant and in view of the passage of time, the learned single Judge has dismissed the writ petition. Therefore, the present Appeal. We have heard the learned Advocate for the appellant extensively. No case for interference is made out. The Appeal is dismissed in limine. Sujit (R.M. Doshit, CJ.) (Jyoti Saran, J.)