IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.545 of 2009 Lalan Kumar, S/o Sri Rajendra Prasad Yadav, resident of village Lakshminiya, P.O.-Dhanchouha, Via Mithai, P.S. Sauar Bazar, District-Saharsa. …….Petitioner..Appellant. Versus 1. The State of Bihar. 2. The Regional Deputy Director of Education Bhagalpur, P.O. & P.S. and District-Bhagalpur. 3. The District Superintendent of Education, Bhagalpur. …..Respondents….Respondents. ----------- 04. 28.07.2009 Heard learned counsel for the appellant and learned counsel for the State and perused the order under appeal as well as the policy decision of the State Government dated 10.05.2005 contained in Annexure-2 to the writ petition. By the order under appeal the writ petition was summarily dismissed on ground of delay. On behalf of appellant it has been submitted that since the petitioner wants consideration of his case for appointment on any vacant post under the State in accordance with policy decision dated 10.05.2005, there can not be any question of delay in approaching this Court so long as he continues to be eligible for consideration for appointment. - 2 - We are in agreement with the aforesaid submission hence the order under appeal is modified to the extent that if the petitioner is selected in any office under the State Government in that event he will be given preference, other things remaining equal as per policy decision of the State Government dated 10.05.2005. The writ petition and the appeals are accordingly disposed of. Vikash/- (Shiva Kirti Singh, ACJ.) (Anjana Prakash, J.)