IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1505 of 2011 In Civil Writ Jurisdiction Case No. 1674 of 2011 ====================================================== Fazle Sarwar, S/O Late Zahiruddin, Principal Incharge of Govt. Polytechnic, Gopalganj, Resident of Village-Gwandari, P.S. Thawe, District-Gopalganj, At Present Resident of Sipaya Campus of Government Polytechnic, P.S.-Bishambharpur, District-Gopalganj. .... Petitioner .... Appellant Versus 1. The State of Bihar through the Chief Secretary, Patna. 2. Bihar Public Service Commission through the Chairman, Bailey Road, Patna. 3. The Secretary, Bihar Public Service Commission, Bailey Road, Patna. 4. The Deputy Secretary, Bihar Public Service Commission, Bailey Road, Patna. 5. The Principal Secretary, the Department of Science and Technology, Government of Bihar, Patna. .... Respondents .... Respondents ====================================================== Appearance : For the Appellant/s : Mr. Ghulam Rabbani, Advocate For the Respondent/s : Mr. Satyabir Bharti, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 3 09-11-2011 Feeling aggrieved by the order dated 29th June 2011 made by the learned single Judge in above CWJC No.1674 of 2011, the writ petitioner has preferred this Appeal under Clause 10 of the Letters Patent. The appellant, one of the applicants for selection and appointment to the post of Principal in Government Polytechnic College pursuant to the advertisement no. 16 of 2009 published on Patna High Court LPA No.1505 of 2011 (3) dt.09-11-2011 2 / 2 2 22nd January 2009, filed the above writ petition under Article 226 of the Constitution to challenge the very advertisement on the premise that the eligibility stated in the advertisement did not conform with the eligibility setout in All India Council for Technical Education. Reliance is placed on the All India Council for Technical Education (Pay Scales, Service Conditions and Qualifications For The Teachers And Others Academic Staff In Technical Institutions (diploma) Regulations, 2010. Learned single Judge has rejected the writ petition on the premise that the challenge was belated and in the meantime the recruitment process was completed. In the present Appeal, the appellant has annexed the information received from the Bihar Public Service Commission to the effect that no selection process has been started pursuant to the aforesaid advertisement no. 16/ 2009. Be that as it may, the challenge to the advertisement no. 16/2009 is misconceived in so far as the appellant seeks conformation of the advertisement with the Regulations of 2010. Moreover, the appellant has not established either before the learned single Judge or before us that the aforesaid Regulations of 2010 do apply to the Polytechnic Institutions referred to in the advertisement no. 16/2009. As recorded hereinabove, the challenge to the advertisement no. 16/2009 is wholly misconceived. The grievance made by the appellant is not sustainable. Appeal is dismissed in limine. B.Tiwary/Anjani /- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)