IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.146 of 2005 1. THE STATE OF BIHAR 2. THE SECRETARY, HEALTH DEPARTMENT, GOVERNMENT OF BIHAR, NEW SECRETARIATE , BAILEY ROAD, PATNA. 3. DIRECTOR IN CHIEF, HEALTH SERVICES, GOVERNMENT OF BIHAR, NEW SECRETARIATE, BAILEY ROAD, PATNA. 4. PRINCIPAL, GOVERNMENT AYURVEDIC COLLEGE, PATNA-3 --- RESPONDENTS/APPELLANTS. Versus RAJENDRA PRASAD S/O LATE SHEO NATH RAI, R/O VILL.- SIPARA, POST OFFICE- DHALMA, P.S.- PHULWARI SHARIF, DIST.- PATNA, WORKING AS LABORATORY-TECHNICIAN IN GOVERNMENT AYURVEDIC COLLEGE, PATNA-3. ---- PETITIONER/RESPONDENT. with LPA No.147 of 2005 1. THE STATE OF BIHAR 2. THE DIRECTOR-IN-CHIEF, HEALTH SERVICES, VIKASH BHAWAN, PATNA-1 3. THE SECRETARY, HEALTH EDUCATION AND FAMILY WELFARE & DESHI CHIKITSA DEPARTMENT, BIHAR, PATNA 4. THE DEPUTY SECRETARY- CUM-DIRECTOR ( DESHI CHIKITSA), HEALTH SERVICES, BIHAR, PATNA. 5. THE PRINCIPAL, GOVERNMENT AYURVEDIC COLLEGE, KADAM KUAN, PATNA-3. 6. THE DIRECTOR, PUBLIC HEALTH INSTITUTE, BIHAR, PATNA. ---- RESPONDENTS/APPELLANTS. Versus CHANDRESHWAR NARAYAN SHARMA, S/O DEEP NARAYAN SHARMA, R/O VILL.- MARHOURA, P.S. MARHOURA, DIST.- SARAN, AT PRESENT POSTED IN GOVERNMENT AYURVEDIC COLLEGE, KADAM KUAN, PATNA-3. --- PETITIONER/RESPONDENT ----------- 09 08.01.2010 Heard Mr. Alok Kumar for the appellants, and Mr. Manoj Kumar No.1, for respondent in L.P.A.No. 146 of 2005. None appears on behalf of the respondent in L.P.A.No. 147 of 2005, although he has entered appearance through counsel and filed duly executed vakalatnama. The State of Bihar has preferred these two appeals under Clause 10 of the Letters Patent Appeal of the High Court of Judicature at Patna, and raises a 2 grievance with respect to the order dated 22.07.2003, whereby C.W.J.C.No. 6301 of 2003 (Rajendra Prasad Vrs. State of Bihar and Ors.), and C.W.J.C.No. 5113 of 2003 (Sri Chandreshwar Narayan Sharma Vs. State of Bihar and Ors.), have been allowed. A brief statement of facts essential for disposal of the appeals may be indicated. The two writ petitioners were permitted to function on class IV posts and, by an internal selection process, were promoted to class III posts subject to requisite training required to be undergone after promotion within a period of one year from the date of the order of promotion, vide order dated 22.08.1994 (Annexure-2 to C.W.J.C.No. 5113 of 2003). It appears that the State Government failed to organize the training resulting in the order of reversion dated 12.04.2003 (Annexure-1), leading to the writ petitions. The learned Single Judge has set aside the order dated 12.04.2003 (Annexure-1), on the ground that the State Government was responsible for not organizing the training, as a result of which the writ petitioners could not be trained. We have perused the materials on record and considered the submissions of the learned counsel for the parties. It appears to us on a perusal of the order of the learned Single Judge that promotion to class- III posts were granted to the writ petitioners with the condition that they shall undergo requisite training within a period of one year from the date of the order of 3 the promotion. However, they could not undergo the training because the State Government failed to organize the same. It appears to us that the State Government was entirely responsible for the same. In other words, it was the duty of the State Government to forward the writ petitioners for training. We, therefore, agree with the order of the learned Single Judge. It may further be stated that one Dinesh Prasad Verma had also approached this Court for identical relief by preferring C.W.J.C.No. 8081 of 2003, which was dismissed by a learned Single Judge of this Court by order dated 27.04.2005. Aggrieved by the order dated 27.04.2005, in C.W.J.C.No. 8081 of 2003, Dinesh Prasad Verma preferred L.P.A.No. 296 of 2006 (Dinesh Prasad Verma and others Vs. State of Bihar and Others), which has been allowed by a Division Bench of this Court on 21.12.2006, on identical grounds as in the present case. In the result, we do not find any merit in these two appeals and are accordingly dismissed. Sym/ (S.K.Katriar,J.) (Kishore K. Mandal, J.)