IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1257 of 2010 1. Purendu Narayan Sharma son of Sita Saran Sharma, resident of Mohalla – Alka Colony Sandalpur Road, Kumharar, PS Bahadurpur in the town and district of Patna 2. Md. Nehal son of Md. Sami resident of Banaulia PS Biharsharif (Sadar) District Nalanda 3. Ashok Kumar son of Shiv Prasad Pandit, resident of Mohalla Ram Sahay Lane, Ps Mahendru in the town and District of Patna ....Petitioners/Appellants Versus 1. The State Of Bihar through Principal Secretary, Department of Health and Family Welfare, Govt. of Bihar, Patna 2. The Secretary, Department of Health and Family Welfare, Govt. of Bihar, Patna 3. Director-in-Chief, Department of Health and Family Welfare, Govt. of Bihar, Patna 4. Deputy Director, Department of Health and Family Welfare, Govt. of Bihar, Patna 5. Director, Patna Tuberculosis Demonstration and Training Centre Agamkuan, Patna 6. Chairman, Bihar Public Service Commission, Bailey Road, Patna .............. Respondents/Respondents ----------- 02- 11/7/2011 Heard Mr. Sanjay Kumar for the appellants, and learned Assistant Counsel to Govt. Pleader no.11 for the respondents. This appeal under clause 10 of the Letters Patent of the High Court of Judicature of Patna has been preferred by the petitioners of CWJC no. 1106 of 2010, and are aggrieved by the order dated 21.6.2010, passed by a learned Single Judge of this Court, whereby the writ petition has been dismissed on the ground of delay. 2. We have perused the materials on record and considered the submissions of learned counsel for the parties. There is no need to state the details of the initial stages of the case. Suffice it to state that, under the order of the Supreme Court, the State Government had issued advertisement no. 1/97, inviting applications for 2 appointment to the post of B C G Technician. The appellants were the applicants but were not selected which they challenged before the Court and ultimately reached the Supreme Court. The matter before the Supreme Court was disposed of with the observations that it will be open to the appellants to move the appropriate forum leading to CWJC No.1106 of 2010. The writ petition has been dismissed on the ground that the selection process completed more than two decades ago. Furthermore, the Supreme Court had passed the order dated 10.10.2006, giving liberty to the petitioners to approach the High Court for redressal of their grievances. The writ petition was lodged in this Court on 21.1.2010. The learned Single Judge has rightly concluded that the delay of more than four years is absolutely unexplained. Parallel rights have been created and have been allowed to be entrenched by lapse of time on account of negligence and acquiescence. In the circumstances, it is not possible to entertain this appeal which seeks to raise a stale claim. 3. The appeal is dismissed. ( S K Katriar ) ( Vikash Jain ) mrl