IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.36 of 2008 SHAHID AKHTER & ANR Versus THE STATE OF BIHAR & ORS ----------- For the appellants : Mr.Md. Abu Haider, Advocate Ms.Jahan Ara, Advocate For the respondents : Mr. A. Amanullah, No. 1 to 5 Standing Counsel-XVII For the respondents: Mr. Binod Kumar, Advocate No.7 & 8 ------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ------- Dated, the 17th September, 2008 The Letters Patent Appeal is barred by time, for which an application for condonation of delay (I.A.No.224/2008) has been made. Even if, we condone the delay in filing the appeal for the cause shown in the application, in our view, the Letters Patent Appeal does not deserve to be admitted. 2. It is pertinent to notice that the respondent nos.1 to 7 have not disputed that the petitioners having intermediate vocational course examination possess eligibility for selection to the post of primary teacher at Panchayat level, but since the vocational course is not of any use for such teachers in primary school, the appointments have been given only to those candidates, who possess intermediate - 2 - qualification. This has been clarified by the government in its communication dated 15th November, 2007. 3. The stance of the respondent nos.1 to 7, in the circumstances, in appointing respondent no.8 to the post of primay teacher in place of appellants cannot be faulted and cannot be said to be arbitrary or unreasonable. 4. The counsel for the appellants relied upon the decisions of this court in (i) Ranjeet Kumar Vs. The State of Bihar & others, 2008(1) BBCJ 323, and (ii) Prakash Kumar Vs. The State of Bihar & others, 2008(3) PLJR 282. In our view, the said decisions cannot be applied to the present fact-situation. 5. Dismissal of writ petition by the single judge cannot be faulted. Letters Patent Appeal is dismissed in limine. This disposes of I.A.No.224 of 2008 as well. R. M. Lodha, CJ Kishore K. Mandal, J. Sunil