IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2564 of 2008 THE STATE OF BIHAR & ORS Versus MANINDRA KUMAR & ANR ----------- with MJC No.2619 of 2008 THE STATE OF BIHAR & ORS Versus BUJHAWAN THAKUR ----------- with MJC No.2620 of 2008 THE STATE OF BIHAR & ORS Versus ASHOK KUMAR ----------- with MJC No.2621 of 2008 THE STATE OF BIHAR & ORS Versus ASHUTOSH KUMAR & ANR ----------- with MJC No.2622 of 2008 THE STATE OF BIHAR & ANR Versus UDAY KUMAR & ANR ----------- with MJC No.2623 of 2008 THE STATE OF BIHAR & ORS Versus RANJIT KUMAR SINHA ----------- with MJC No.2624 of 2008 THE STATE OF BIHAR & ORS Versus ABHAY KUMAR ----------- with MJC No.2625 of 2008 THE STATE OF BIHAR & ORS Versus PRAMOD KUMAR ----------- with MJC No.2626 of 2008 THE STATE OF BIHAR & ORS - 2 - Versus DINESH PRASAD ----------- with MJC No.2627 of 2008 THE STATE OF BIHAR & ORS Versus SUMANT KUMAR ----------- and MJC No.2628 of 2008 THE STATE OF BIHAR & ORS Versus RABINDRA NATH ----------- 11 01.04.2009 A counter affidavit has been filed on behalf of the respondents. Supplementary affidavits have been filed on behalf of the State. Heard Mr. S.K.Ghose, learned Additional Advocate General No.2 on behalf of the petitioner, Mr. Rajendra Prasad Singh, Sr. Advocate appears on behalf of the private opposite parties in all the M.J.C. applications except M.J.C. No. 2564 of 2008 which is represented by Mr. Jitendra Kumar Roy, Advocate, Mr. S.S.Sundaram appears on behalf of the Staff Selection Commission. The petitioner-State filed application for extension of six months time for carrying out the direction of this Court as per its order dated 14.11.2007, whereby the respondent nos. 1 to 4 were directed to hold a separate selection test for the applicants of the advertisement no. 22/Pharma-1/99, as contained in Annexure-6 to the connected writ application vide C.W.J.C. No. 11405 of 2004. - 3 - By the aforesaid order a period of six months time was allowed to complete the exercise of selection & appointment of the successful candidates. The petitioner State filed a petition for extension of time by another period of six months. The said application for extension was filed on 16.09.2008. The original period of six months, indicated in the order dated 14.11.2007, expired on 13th May, 2008. During the pendency of these M.J.C. applications several supplementary affidavits/ counter affidavit have been filed. Learned counsel appearing for the petitioner submits that the period of six months prayer for extension by another period of six months ought to be counted from the date the above M.J.C. applications were filed i.e. 16.09.2008. Learned counsel appearing on behalf of the respondents submits that although the petitioner-State has failed to make out any case justifying the prayer for extension of time, even though the original time of six months for extension, as prayed for, expired on 13th of May, 2008 before filing of the above application. However, even taking into consideration that six months time for extension if counted from 16th September, 2008 the date when these M.J.C. application was filed that too expired on 15th March, 2009, and as such, these applications as of today have become infructuous. - 4 - Mr. Ghose, however, submits that in the 4th supplementary counter affidavits filed today, the State has explained its stand to the effect that whatever step the State was required to take for carrying out the order have been taken and all the relevant papers were sent to the respondent- Commission for completing further process required. Learned counsel for the private opposite party, however, submits that the direction was to the respondent nos. 1 to 4 to complete the process of selection and make appointment, and as such, the action of the State in sending the papers will not absolve them from the liability of carrying out the order, which according to the respondent, is also in contravention to the order. Notwithstanding the rival submissions of the parties on the fact whether the State has taken all the steps required to be taken on its part or not, this much is clear that the prayer for extension of six months time as per the above M.J.C. application filed on 16.09.2008 has also now expired. In this view of the matter, these applications have now become infructuous and they are accordingly dismissed. Manish/- ( Shailesh Kumar Sinha,J.)