IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16259 of 2009 1. DEEPAK KUMAR 'NIRALA' S/O SARYUG CHAUDHARY R/OVILL LABH GAON, P.S.KHAGRIYA, DISTT- KHAGARIYA Versus 1. THE STATE OF BIHAR, THROUGH PRINCIPAL SECRETARY, HUMAN RESOURCE DEVELOPMENT DEPARTMENT BIHAR, PATNA 2. THE DIRECTOR, PRIMARY EDUCATION BIHAR, PATNA 3. THE DISTRICT MAGISTRAE KHAGARIA 4. THE DISTRICT SUPERINTENDENT OF EDUCATION KHAGARIA 5. THE BLOCK EDUCATION EXTENSION OFFICER BELDAUR, DISTT- KHAGARIA 6. THE MEMBER, DISTRICT TEACHER EMPLOYMENT AUTHORITY KHAGARIA 7. THE MUKHIYA GRAM PANCHAYAT, RAJ DIGHAUN BLOCK BELDAUR, DISTT- KHAGARIA 8. PANCHAYAT SECRETARY, GRAM PANCHAYAT, RAJ DIGHAUN, BLOCK BELDAUR, DISTT- KHAGARIA 9. AJAY AZAD S/O SRI JAY PRAKASH PANDIT R/O VILL +P.O. BANDEHRA, P.S. PASRAHA, DISTT- KHAGARIA ----------- 03/ 26.04.2010 Heard counsel for the petitioner and counsel appearing for the State. Petitioner’s grievance is that though he had higher marks than respondent no. 9 and he participated in the counselling but maliciously the respondents did not consider his candidature for appointment. Admittedly, the petitioner did not raise any objection immediately, against the appointment of respondent no. 9 in 2006. For the first time he has raised objection in 2009. The Appellate Tribunal on perusal of the entire documents has rejected the claim of the petitioner, on the ground that appeal is time barred and secondly the appointment registers indicate that the petitioner at the time of counselling did not produce - 2 - relevant documents. I do not find any error in the impugned order. This application is dismissed. DKS/ (Mridula Mishra, J.)