IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.457 of 2011 In Civil Writ Jurisdiction Case No. 17804 of 2009 With Interlocutory Application No. 2087 of 2011 ====================================================== Shashi Pratap Shahi .... .... Appellant/s Versus The State of Bihar & Ors .... .... Respondent/s ====================================================== With Letters Patent Appeal No.853 of 2011 In Civil Writ Jurisdiction Case No. 17804 of 2009 With Interlocutory Application No. 3792 of 2011 ====================================================== Dr. Dhrub Kumar .... .... Appellant/s Versus Dr. Bimal Prasad Singh & Ors .... .... Respondent/s ====================================================== With Letters Patent Appeal No.900 of 2011 In Civil Writ Jurisdiction Case No. 17804 of 2009 With Interlocutory Application No. 3998 of 2011 ====================================================== Dr. (Mrs.) Rekha Kumari & Anr .... .... Appellant/s Versus Dr. Bimal Prasad Singh & Ors .... .... Respondent/s ====================================================== Appearance : (In LPA No.457 of 2011) For the Appellant/s : Mr. Raju Giri & Mr. Abhinav Shrivastava, Advocates. For the Respondent/s : Mr. Yogendra Pd. Sinha, AAG 15 & Mr. Rakesh Ambastha, AC to AAG 15. For the University : Mr. Anil Kumar Sinha, Advocate. For the Pvt. Respondents : Mr. Navin Prasad Singh, Advocate. Patna High Court LPA No.457 of 2011 (3) dt.04-07-2011 2 / 4 2 (In LPA No.853 of 2011) For the Appellant/s : Mr. Arun Kumar and Mr. D. Kumar For the Respondent/s : Mr. Yogendra Pd. Sinha, AAG 15 & Mr. Rakesh Ambastha, AC to AAG 15. For the University : Mr. Anil Kumar Sinha, Advocate. For the Pvt. Respondents : Mr. Navin Prasad Singh, Advocate. (In LPA No.900 of 2011) For the Appellant/s : Mr. Rajesh Kr. Singh & Mr. Satyendra Prasad Singh, Advocate. For the Respondent/s : Mr. P.K. Verma, AAG 5 For the University : Mr. Anil Kumar Sinha, Advocate. For the Pvt. Respondents : Mr. Navin Prasad Singh, Advocate. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 3 04-07-2011 Reg. Interlocutory Application Nos. 3792/2011 & 3998/2011. These applications under Section 5 of the Limitation Act are filed by the appellants for condonation of delay of one / two days occurred in filing the Letters Patent Appeals. On the facts and in the circumstances of the case, the delay is condoned. Interlocutory Applications stand disposed of. Reg. LPA No. 457/2011 with IA No. 2087/2011, LPA No. 853/2011 & LPA No. 900/2011. These three appeals preferred under Clause 10 of the Letters Patent arise from a common judgment and order dated 28th January 2011 passed by the learned single Judge in CWJC No. 17804 of 2009 and other writ petitions. Patna High Court LPA No.457 of 2011 (3) dt.04-07-2011 3 / 4 3 The impugned judgment and order passed by the learned single Judge has been upheld by the Bench of this Court (Coram: Ms. Rekha M. Doshit, CJ and Jyoti Saran, J) by judgment and order dated 5th April 2011 passed in Letters Patent Appeal No. 358 of 2011 arising out of Civil Writ Jurisdiction Case No. 17804 of 2009. The said judgment of the Division Bench has been modified by the Hon’ble Supreme Court by order dated 6th May 2011 made on Petition(s) for Special Leave to Appeal (Civil) No(s). 11529-11531/2011 as under: “The special leave petitions are accordingly dismissed with the direction that the University shall make fresh selection from amongst those who had applied pursuant to the advertisement issued on 25.10.2008 strictly in accordance with the relevant statutes, rules and regulations and without being influenced by the directions given by the learned Single Judge in the last portion of the order passed by him. The University shall complete the process of selection within a period of four months. Till then, the petitioners shall be allowed to continue in their present position. However, it is made clear that this shall not create any equity in favour of the petitioners.” In view of the above referred judgment dated 5th April 2011 passed by this Court as modified by the Hon’ble Supreme Court on 6th May 2011, these appeals are dismissed with a direction to the University to make fresh selection from amongst Patna High Court LPA No.457 of 2011 (3) dt.04-07-2011 4 / 4 4 those who had applied pursuant to the advertisement issued on 25th October 2008 strictly in accordance with the relevant statutes, rules and regulations and without being influenced by the directions given by the learned Single Judge in the last portion of the order passed by him. The process will be completed as directed by the Hon’ble Supreme Court. Subject to the above directions, the Letters Patent Appeals and the Interlocutory Application stand disposed of. Dilip. (R.M. Doshit, CJ) (Birendra Prasad Verma, J)