IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1117 of 2011 In Civil Writ Jurisdiction Case No. 12761 of 2003 With Interlocutory Application No. 5316 of 2011 In Letters Patent Appeal No.1117 of 2011 ====================================================== Sri Bishwanath Singh son of Late Sri Raj Balabh Singh , resident of village Hilsar, P.S. Bhagwanpur, District- Siwan. .... .... Appellant/s Versus 1. The State Of Bihar 2. The Director, Primary Education, Government of Bihar, New Secretariat, Patna. 3. The District Superintendent of Education, Siwan. 4. The District Superintendent of Education, Saran at Chapra. .... .... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Binod Kumar Singh, Advocate. For the Respondent/s : ------. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 3 16-08-2011 This Appeal under Clause 10 of the Letters Patent is preferred by the writ petitioner against the judgment and order dated 21st September 2010 passed by the learned single Judge in above C.W.J.C. No. 12761 of 2003. Patna High Court LPA No.1117 of 2011 (3) dt.16-08-2011 2 The Appeal is filed 267 days beyond the period of limitation. The appellant’s claim for absorption in Government service on nationalization of the private School had been earlier rejected twice in C.W.J.C. Nos. 7975 of 1992 and 10651 of 1993. One more attempt in the above C.W.J.C. No. 12761 of 2003 has been rejected as barred by the principle of res judicata. Therefore, the present Appeal. Learned advocate Mr. Binod Kumar Singh has appeared for the appellant. He has submitted that the first petition, C.W.J.C. No. 7975 of 1992, was withdrawn by the writ petitioner. The same, therefore, cannot act as res judicata. The later C.W.J.C. No. 10651 of 1993 was dismissed. However, the appellant has now been able to procure a copy of the communication dated 20th September 1973 which was not produced on earlier occasion. The present petition, therefore, is not barred by the principle of res judicata. Earlier the orders were obtained by the respondent- State Government by suppressing the aforesaid communication dated 20th September 1973. The orders are, therefore, a nullity. In support of his argument Mr. Binod Kumar Singh has relied upon the judgments of the Hon’ble Supreme Court in the matter of United India Insurance Co. Ltd. v. Rajendra Singh and others [A.I.R. 2000 SC 1165] and of this Court in the matter of Patna High Court LPA No.1117 of 2011 (3) dt.16-08-2011 3 Naya Dawakhana vs. The State of Bihar and others [1990(2) PLJR 616]. Neither of the judgments has applicability to the facts of the present case. The aforesaid communication dated 20th September 1973 does not carry the matter further. We see no substance in this Appeal nor is the delay satisfactorily explained. The Appeal and the Interlocutory Application are dismissed. B Tiwary/- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)