IN THE HIGH COURT OF JUDICATURE AT PATNA --- LPA No.1106 of 2009 --- Kamaleshwar Mishra s/o Kailash Pati Mishra, r/o village – Kalayanpur, P.S. Bhore, District – Gopalganj … Appellant Versus 1. The State Of Bihar 2. Director Adult Education and Non-Formal Education, Bihar, Patna 3. Joint Director, Adult Education and Non-Formal Education, Bihar, Patna 4. District Adult Education and Non-Formal Education, Bihar, Patna 5. D.M., Gopalganj 6. Block Project Officer, Bhore, Vijaypur, Gopalganj 7. B.D.O., Bhore, Gopalganj … Respondents ----------- For the appellant: Mr. Surya Narayan Roy, Advocate For the respondents: Mr. Arjun Prasad Singh, AC to SC II --- 2 16/2/2010 Being aggrieved by the order dated 10.7.2009 passed by the learned Single Judge in CWJC. No.324 of 2003, the present appeal has been filed. We have heard Mr. Surya Narayan Roy, learned counsel for the appellant, and Mr. Arjun Prasad Singh, learned counsel for the State. On a perusal of the order passed by the learned Single Judge, it is evident that he has declined to interfere with the order contained in Annexure -5 and 2 further shown disinclination of issuing a mandamus directing the respondents to absorb the petitioner on the post of Instructor, Adult Education and Non-Formal Education Bihar, Patna as the present appellant sought to challenge an order dated 27.8.1992 after a lapse of 11 years. The learned Single Judge has also addressed himself on the merits of the case by stating inter alia that no specific scheme has been framed by the Government for absorption of Supervisors in the Non- Formal Scheme. Thereafter, he has referred the decision of the Constitution Bench in Secretary, State of Karnataka, Vs. Uma Devi, 2006(4) SCC page 1. In our considered opinion, the grounds on which the order has been passed by the learned Single Judge reveal two principles, namely, doctrine of delay and laches gets attracted and a mandamus in the absence of scheme and in the backdrop of the decision rendered by the Apex Court in Uma Devi (supra) cannot be issued for regularization or absorption. In our considered opinion, the order does not suffer from any kind of infirmity and accordingly we 3 treat the same as impeccable and direct dismissal of the appeal. In the result, the appeal stands dismissed. Neyaz/ (Dipak Misra, CJ.) (Ramesh Kumar Datta, J.)