IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2695 of 2010 IN L.P.A. No. 429 of 2010 1. The Chairman, Bihar School Examination Board, Sinha Library Road, Patna, 2. The Secretary, Bihar School Examination Board, Sinha Library Road, Patna …………………………. Respondents / Appellants Versus 1. Sanjay Kumar, S/o Dineshwar Mishra, R/o Vill. Chunidan, P.S. Simri, Distt. Buxar, 2. Ashok Kumar Singh, son of late Harihar Nath Singh, R/o Vill. Narson, P.S. Awar Nagar, Distt. Chapra (Saran), 3. Lalit Kumar Vidyarathi, S/o Chitranjan Prasad Singh, R/o Village Siuri Gopinathpur, P.S. Saraiya, Distt. Muzaffarpur …. Petitioner / Respondents 1st Set, 4. The State of Bihar, 5. The Secretary, Human Resources Development Deptt., Govt. of Bihar, Patna, 6. The Director, Research & Development Deptt. of H.R.D. Govt. of Bihar, Patna, 7. Lord Budha Mission Primary Teachers Training College Kartahan P.O. + P.S. + Distt. Vaishali through its Secretary Sri Ram Kishore Singh, S/o late Gilab Singh, R/o Village – Kartahan, P.O. + P.S. + District Vaishali ……….… ……………………………..Respondents / Respondents 2nd Set. ----------- Appearance: MR ARSAD ALAM, Advocate for the petitioners-appellants. MR JAY PRAKASH SHARMA, AC to SC-6 for the State. ------------ - 2 - CORAM: HON’BLE THE CHIEF JUSTICE AND HON’BLE MR JUSTICE MIHIR KUMAR JHA --------------- Date: 15/07/2010 --------------- ORAL ORDER (PER : HON’BLE MS JUSTICE R.M. DOSHIT, CJ) Re. I.A. No. 5874 of 2010. This is an application under Section 5 of the Limitation Act for condonation of delay of 2 months and 24 days occurred in preferring MJC No. 2695 of 2010. Heard learned Advocate Mr Arsad Alam for the applicant. For the reasons stated in the aforesaid Interlocutory Application, the delay in preferring the MJC No. 2695 of 2010 is condoned. I.A. No. 5874 of 2010 stands disposed of. Re. MJC No. 2695 of 2010. This application is made by the appellant, Chairman, Bihar School Examination Board for recall of the order dated 10.03.2010 (Coram: Hon’ble Mr Justice Dipak Mishra, CJ and Hon’ble Mr Justice Mihir Kumar Jha, J) made on L.P.A. No. 429 of 2010. - 3 - Learned Advocate Mr Arsad Alam appears of the appellant. He states that because of inadvertent mistake, the Interlocutory Application No. 2289 of 2010 stood dismissed and consequently the above L.P.A. No. 429 of 2010 also stood dismissed. He prays for revival of the above Interlocutory Application No. 2289 of 2010 as well as L.P.A. No. 429 of 2010. On the facts and in the circumstances, this application is allowed. The order dated 10.03.2010 made on I.A. No. 2289 of 2010 is recalled. The Interlocutory Application No. 2289 of 2010 and the L.P.A. No. 429 of 2010 are restored to the files of the registry. Let the Appeal under reference be posted for hearing in due course. Dilip ( R.M. Doshit, CJ ) ( Mihir Kumar Jha, J )