IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.496 of 2008 THE STATE OF BIHAR & ORS Versus ASHISH KUMAR & ORS ----------- For the Appellants : Mr. Roy Shivaji Nath, A.A.G. IV Mr.R.S. Nath, J.C. to A.A.G.IV For the Respondents : ------------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ---------- Dated, the 18th July, 2008. The appeal suffers from delay of 105 days and for that an application (I.A. No.3801 of 2008) has been made. Even if we condone the delay, for the cause shown in the application, we are of the view that appeal has no merit and it does not deserve to be admitted. 2. The Single Judge relied upon a Division Bench decision of this Court given on 18.4.2007 in a writ petition (C.W.J.C. No. 1631 of 2007). Nothing has been shown that the said decision has been upturned. The senior counsel for the State also could not show us that the Government communication dated 4.9.1996, does not hold the field. 3. It is pertinent to notice that the respondent no. 1 came to be appointed after following the process provided - 2 - under Bihar Panchayat Primary Teachers (Appointment and Service Conditions) Rules, 2006. As a matter of fact, there is no dispute to that effect. Having been selected in accordance with the process provided in the Rules, the appellants terminated his services on a specious plea that he was not qualified, which being apparently erroneous has been set aside by the Single Judge. We find no error in the impugned order. 4. The appeal is, accordingly, dismissed in limine. This also disposes of limitation petition (I.A. No. 3801 of 2008). 5. Since the appeal has been dismissed in limine, the stay petition (I.A. No. 3802 of 2008) also stands dismissed. R. M. Lodha, CJ Kishore K. Mandal, J Pawan/-