IN THE HIGH COURT OF JUDICATURE AT PATNA LETTERS PATENT APPEAL No.1270 OF 2010 IN CIVIL WRIT JURISDICTION CASE NO. 7811/2009) ================================================= WITH INTERLOCUTORY APPLICATION NO.7200 OF 2010 IN LETTERS PATENT APPEALL NO.1270 OF 2010 ================================================= Abhinav Kumar son of Sri Mathura Prasad, resident of village and P.O. Thatha, P.S.Mansi, District-Khagaria- Appellant Versus 1. The State of Bihar through its Chief Secretary, Old Secretariat, Patna 2. Secretary, Primary and Adult Education Department, Bihar, Patna 3. District Magistrate, Khagaria 4. District Superintendent of Education, Khagaria 5. Sub Divisional Officer, Khagaria 6. Block Development Officer, Mansi, Khagaria 7. B.E.E.O. Manshi, Khagaria 8. District Education Employment Appellate Authority, Khagraia 9. Panchayat Secretary, Gram Panchayat Raj, Thatha, Manshi, Khagaria 10. Braj Nandan Prasad Yadav, Ex-Mukhiya, Gram Panchayat Raj East Thatha, Manshi, Khararia 11. Pramod Paswan Son of Niro Paswan resident of Village Chaidha Bandh, P.S.Manshi, District- Khagaria. Respondent(s). =================================================== Appearance : For the Appellant : Mr. Mrityunjay Kumar, Advocate For the Respondent s : Mr. Anant Kumar Bhaskar,Advocate AC to SC 2 =================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 2. 23.8.2010. I.A.NO.7200 OF 2010 This Letters Patent Appeal is preferred by the writ 2 petitioner against the order dated 13th July, 2009 made by the learned Single Judge in C.W.J.C.No.No.7811 of 2009. There is delay of 279 days in filing the present appeal. The writ petitioner appellant challenged the appointment of the respondent no.11 one Pramod Paswan as Shiksha Mitra. The appellant claims that the post of Shiksha Mitra had fallen vacant in the office of the District Superintendent of Education, Khagaria on account of resignation of one Ajit Kumar. The said Ajit Kumar belonged to a backward class. The post was, therefore, required to be filled in by appointment of a backward class candidate whereas the same was filled in by appointment of the respondent no.11 who is a Schedule Caste candidate. The claim of the appellant was rejected by order passed by the learned Single Judge on the grounds of delay and laches. It may be noted that there is a further delay of 279 days in filing the present appeal. As recorded by the learned Single Judge, the writ petition suffered from delay and laches. Besides the appellant cannot have a claim to be appointed merely because he belongs to Backward class. Any post falling 3 vacant has to be filled in after giving advertisement and after following proper procedure. The claim made by the appellant is without merit The limitation application is rejected. The appeal stands disposed of. ahk (R.M.Doshit,CJ) (Jyoti Saran, J.)