IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.397 of 1998 Waris Hadi, son of late Md. Hadi, resident of Sapna Apartment, Bhikhna Pahari, P.S. Pirbahore, district-Patna. ..... Appellant. Versus 1. The State of Bihar. 2. The Bihar State University (Constituent College) Service Commission, through the Chairman, 9, Baily Road, Patna-1. 3. Secretary, Bihar State University (Constituent College), Service Commission, 9, Baily Road, Patna-1. 4. Vice Chancellor, Patna University, Patna. 5. Registrar, Patna University, Patna. 6. Director, Higher Education, Bihar, Patna. 7. Principal, Government College of Arts & Crafts, Patna. 8.Binod Kumar Singh, son of Shri Lakhan Singh, resident of 33 Gurudhan Colony, Durgakund Road, P.S. Varanasi (U.P.). ..... Respondents. ----------- 08- 20.07.2009 None appears on behalf of the appellant. Heard Mr. Shashi Bhushan Kumar, learned Standing Counsel No.16. This appeal under Clause 10 of the Letters Patent of the High Court of Judicature at Patna, has been preferred by respondent no.8 of C.W.J.C. No.2509 of 1997 (Binod Kumar Singh Vs. The State of Bihar and others), which was allowed by judgment dated 6.2.1998, whereby the appointment of respondent no.8 as the Principal of Government College of Arts and Crafts, Patna has been set aside on the ground that he is ineligible. The learned Single Judge has recorded the finding that “... 2 admittedly the respondent no.8 does not hold any degree or diploma equivalent to post- graduate degree, I hold him as ineligible for appointment to the post of Principal in question in pursuance of advertisement...”. In that view of the matter, the appointment as Principal was set aside, with the direction to the respondent authorities to fill up the post from amongst the eligible persons whose names appear in the panel/merit list. 2. We have perused the materials on record and considered the submissions of the learned Standing Counsel. We entirely agree with the reasons assigned by the learned Single Judge while allowing the writ petition. 3. This appeal is dismissed. (S K Katriar, J.) (Jyoti Saran, J.) S.K.Pathak/