IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.386 of 2009 Navin Kumar Mishra @ Naveen Kumar Mishra Son of Raghuwansh Prasad Mishra, Resident of village Chipiya, P.O. Phool, P.S. Mauganj, District Riva, State of Madhya Pradesh at present residing in the town of Motihari, P.S. Motihari Mufassil, District East Champaran… Petitioner Versus 1. The State of Bihar through the Secretary, Department of Health(Medical Education and Indian System of Medicine), Government of Bihar, New Secretariat, Patna. 2. The Additional Secretary, Department of Health, Government of Bihar, New Secretariat, Patna, 3. The Joint Secretary, Department of Health, Government of Bihar, Patna, 4. The Under Secretary, Department of Health, Government of Bihar, New Secretariat, Patna, 5. The Director, Indigenous System of Medicine, Government of Bihar, Patna, 6. The District Indigenous Medical Officer, East Champaran, 7. The Principal, R.N. Mukherjee Ayurvedic Maha Vidyalaya, Motihari, P.S. Motihari Mufassil, District East Champaran, 8. B.S.B.R.A. Bihar University, Muzaffarpur through its Registrar, 9. The Vice Chancellor, BSBRA Bihar University, Muzaffarpur, District Muzaffarpur, 10. The Controller of Examination, BSBRA Bihar University, Muzaffarpur, District Muzaffarpur, 11. The Registrar, BSBRA Bihar University, Muzaffarpur, District Muzaffarpur, ….. …….. Respondents …. 3 23.04.2009 Heard learned counsel for the parties. The petitioner-appellant was doing B.A.M.S. course in R.N. Mukherjee Ayurvedic Maha Vidyalayaa, 2 Motihari, during 1994-1995 academic year. He filled up the examination form and submitted before the respondent Controller of Examination, B.S.B.R.A. Bihar University through the Principal of the College, in which he was studying, to grant him permission to appear in the Examination of 2003, but the said examination form was not accepted by the respondent University, because 40 students were allowed to study in that year. But 60 students were admitted. The writ petitioner was an extra student. He could not challenge the above action after three years, he challenged the action of the University authorities in not permitting him to appear in the examination by filing a writ application before this Court. The learned single Judge also did not accept the prayer of the writ petitioner. Learned counsel for the appellant relied on an order passed by a learned single Judge of this Court, wherein a failed candidate was allowed to appear in the examination, but that has got no bearing in the case of the appellant, because petitioner is an ex-student, whose examination form was not accepted in 2003 because he was only unauthorised student. On that reason and after 3 three years he cannot approach this Court to permit him to appear in the ensuing first year examination. It is open to the writ petitioner to apply afresh for admission in B.A.M.S. course. In the facts and circumstances of the case, we see no ground to interfere with the order passed by the learned single Judge. This Letters Patent Appeal is dismissed. (J.B. Koshy, CJ) SC ( Dr. Ravi Ranjan, J.)