IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.771 of 2007 The Bihar Combined Entrance Competitive Examination Board, Govt. of Bihar, through its Controller of Examination. --Appellant Versus 1. Chandra Subhash S/O Sri Vijay Kr. Verma, R/o Village Mohalla-Belbanwa, P.S. Motihari, District-East Champaran. 2. The State of Bihar. 3. The Secretary, Health and Family Welfare Department, Govt. of Bihar, Patna. 4. The Director, Heath Services, Govt. of Bihar, Patna. 5. The Deputy Secretary, Health and Family Welfare Department, Govt. of Bihar, Patna 6. The Additional Director cum Controller of Examination,Health Services, Govt. of Bihar. --Respondents For the Appellant : M/s Vikas Kumar & Girjesh Kumar For the State : Mr. Binay Kumar, A.C. to GP 13 9 27.06.2011 When the matter was taken up counsel for the appellant is present and the counsel for the respondents is absent. Hence, the matter is decided on the facts placed on record and also on the submissions made by the learned counsel for the appellant. This Letters Patent Appeal arises out of the order of learned single Judge dated 13th June, 2007 passed in CWJC no. 6781 of 2007. The grievance of the respondent no.1 is that he was not allowed to take admission in Anesthesia Degree course of DMCH, Darbhanga for the 2 Sessions 2007-2010. The matter is contested by writ petitioner no.2 in the CWJC no. 6781 of 2007. His contention was that even though he got a seat in Post Graduate admission in Aneshthesia Degree Course in DMCH, Darbhanga for the Sessions 2007-2010 he was not allowed to get admission on the ground that even though he succeded in the entrance examination of Post Graduate in Anesthesia Degree Course in DMCH, Darbhanga for the Sessions 2007-2010. It was contended before the learned single Judge by the learned counsel for the respondent that a direction be issued to the Examination Board in DMCH, Darbhanga, permitting the respondent to take admission in Post Graduate degree course in Anesthesia for the Sessions 2007-2010 in terms of the undertaking dated 30th June, 2007 with further liberty to the authorities to permit him to complete his diploma course in Ortho which is scheduled to be completed on 12th August, 2007. Objection was taken to such prayer by the respondent-appellant on the ground that no such prayer was made by the respondents in the writ petition. However, the learned single Judge has chosen to direct the DMCH, Darbhanga to allow the writ petitioner to take 3 admission in Anesthesia degree course for the sessions 2007-2010 in terms of his undertaking dated 03.06.2007. The writ petitioner was not allowed to take admission during the Sessions 2007-2010 and under the above circumstances, as the respondent had not completed his diploma in Ortho, as on the date of admission, it was decided that he cannot be allowed to offer the admission in degree course in Anesthesia. It is also submitted before us that the respondent has completed his course on 12.8.2007 and hence he was still pursuing the course at the time when the medical admission test is conducted and there cannot be simultaneous admission in both the course. We also had an occasion to go through the prospectus of the examination issued by Examination Board for the Post Graduate Medical Admission Test, 2007. Clause 9(iv) of the prospectus indicate that an admitted candidate, on the basis of counselling of PGMAT-2007, shall forfeit his claim to continue in the previous P.G course for which he was originally registered. His name registered for that P.G. course will be cancelled and upon his / her admission to the new P.G course on the basis of PGMAT -2007, he will have to get registered with the University concerned 4 for that P.G course only and he has to refund the entire amount of stipend already paid to him for the previous P.G course to the previous Institution and a certificate to this effect is to be produced at the time of admission to the new course. In this case it is an admitted fact that the respondent had not completed diploma in Ortho at the time of counselling of PGMAT-2007, which he subsequently completed. There is no material placed before this court by the appellant that he has been offerred admission in Post Graduate course in Anesthesia in pursuance of the selection. We are of the opinion that no cause of action arose to differ with the decision of the learned single Judge. The Letters Patent Appeal is disposed of accordingly. AAhmad/ (T. Meena Kumari, J.) ( Akhilesh Chandra, J.)