IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1363 of 2011 In Civil Writ Jurisdiction Case No. 4917 of 2011 With Interlocutory Application No. 6636 of 2011 In Letters Patent Appeal No. 1363 of 2011 ====================================================== Shabnam Ara, Principal, Dr. Zakir Hussain Primary Teacher Training College, Sultanganj, P.O. and P.S.-Sultanganj, District-Patna. .... .... Petitioner/Appellant Versus 1. The State of Bihar. 2. The Secretary, Human Resources Development Department, Government of Bihar, Patna. 3. The Director, Training and Research, Government of Bihar, Patna. 4. The Bihar School Examination Board, Sinha Library Road, Patna through its Secretary. 5. The Secretary, Bihar School Examination Board, Sinha Library Road, Patna. 6. The Deputy Secretary, Bihar School Examination Board, Sinha Library Road, Patna. .... .... Respondents/Respondents ====================================================== Appearance : For the Appellant/s : Mr. Bipin Bihari Singh, Advocate. For the State : Mrs. Kiran Kumar, A.C. to G.A. 7. For the B.S.E.B. : Mr. Amrendra Kumar, Advocate. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 2 22-09-2011 Re. Interlocutory Application No. 6636 of 2011: Delay of one day occurred in filing the Letters Patent Appeal is condoned. Interlocutory application stands disposed of. Re. Letters Patent Appeal No. 1363 of 2011: Feeling aggrieved by the order dated 25th July 2011 made by the learned single Judge in above CWJC No. 4917 of Patna High Court LPA No.1363 of 2011 (2) dt.22-09-2011 2 / 2 2 2011, the writ petitioner, the Principal in Dr. Zakir Hussain Primary Teacher Training College, Sultanganj, Patna (hereinafter referred to as ‘the Institution’) has preferred the present Appeal under Clause 10 of the Letters Patent. The petitioner seeks direction against the respondent authorities to allow, the students of the Institution who had appeared at 2007 Examination and had failed, to take the examination conducted by the Bihar School Examination Board. In view of the earlier Division Bench judgment passed in CWJC No. 5642 of 2009, the learned single Judge has rejected the writ petition. Therefore, the present Appeal. We see no merit in this Appeal. We may also refer to CWJC No. 6848 of 2009 filed by the Institution in the same subject matter. The claim was rejected in L.P.A. No. 763 of 2009. The aforesaid factum has not been disclosed by the appellant either in the writ petition or in the Letters Patent Appeal. Repeated attempt of the Institution to claim same relief without disclosing the factum of earlier writ petition and decision therein is highly deplorable. The Appeal is dismissed in limine with cost. Cost is quantified at Rs. 5000/-. Sujit /- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)