IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1683 of 2011 In Civil Writ Jurisdiction Case No. 7555 of 2003 With Interlocutory Application No. 7756 of 2011 In Letters Patent Appeal No.1683 of 2011 ====================================================== Ram Bilas Mandal, S/O Late Baleshwar Mandal @ Ramjee Mandal, R/O Mohalla- Sahebganj Nashrat Khani, P.S.- Tatarpur (Kotwali), District – Bhagalpur. .... Petitioner .... Appellant Versus 1. The Tilka Manjhi Bhagalpur University, Bhagalpur through its Registrar. 2. The Vice-Chancellor, Tilkamanjhi Bhagalpur University, Bhagalpur. 3. The Registrar, Tilkamanjhi Bhagalpur University, Bhagalpur. 4. The Deputy Registrar, Tilkamanjhi Bhagalpur University, Bhagalpur . 5. The State of Bihar through the Commissioner-Cum-Secretary Department of Personnel and Administrative Reforms, Government of Bihar, Patna. 6. The Commissioner-Cum-Secretary, Department of Higher Education, Government of Bihar, New Secretariat, Patna. .... Respondents.... Respondents ====================================================== Appearance : For the Appellant/s : Mr. R.K. Sinha-2 with Mr. A. Anand, Advocates For the Respondent/s : ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 3 24-11-2011 Re: I.A. No. 7756 of 2011 The delay of 330 days occurred in filing the Letters Patent Appeal is condoned. Interlocutory Application stands Patna High Court LPA No.1683 of 2011 (3) dt.24-11-2011 2 / 3 2 disposed of. Re: L.P.A. No. 1683 of 2011 Feeling aggrieved by the judgment and order dated 27th August 2010 passed by the learned single Judge in above CWJC No. 7555 of 2003, the writ petitioner has preferred this Appeal under Clause 10 of the Letters Patent. Pursuant to the advertisement dated 18th October 2001 published by the respondent Tilkamanjhi Bhagalpur University, Bhagalpur (hereinafter referred to as “the University”), the appellant had applied for appointment on Class IV post in the category of Backward Class. Feeling aggrieved by his non- selection, he filed the above CWJC No. 7555 of 2003 under Article 226 of the Constitution. It was the grievance of the appellant that the respondent University did not maintain reservation for handicapped persons. In answer to the writ petition the University filed counter affidavit. According to the University, the appellant failed to secure minimum qualifying 30 marks for Backward Class category applicants. He was, therefore, not selected. In view of the said assertion made by the University, the writ petition has been dismissed. Therefore, the present Appeal. Learned Advocate Mr. R.K. Sinha has appeared for the appellant. He has submitted that the petition has been dismissed by the learned single Judge on the biased statement made by the University. We see no merit in the submission made by the learned Advocate. Once the appellant failed to secure minimum qualifying marks fixed by the University, he has no right to selection or appointment. In any view of the matter, now after ten years the Patna High Court LPA No.1683 of 2011 (3) dt.24-11-2011 3 / 3 3 appellant can not be appointed on the basis of selection process initiated in 2001. For the aforesaid reasons, Appeal is dismissed in limine. B.Tiwary/Anjani/- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)