IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.853 of 2009 ----- Prabha Kumari D/O Kedar Prasad Sahu, resident of Mohalla- Electricity Board Colony, Rajbanshi Nagar, P.O.+P.S.- Shastri Nagar, District-Patna. -- Appellant Versus 1. The State of Bihar through the Chief Secretary, Old Secretariat, Patna. 2. The Secretary, Human Resources Development Department, Government of Bihar, New Secretariat, Patna. 3. The District Education Officer, District-Patna. 4. The District Superintendent of Education, District-Patna. 5. The Commissioner-cum-Chief Executive Officer, Patna Municipal Corporation. -- Respondents ------ For the appellant : Mr. Abhay Krishna, Advocate. For the respondents : Mr. Mani Kant Mishra, Government Pleader-XXI. --- 04. 22/01/2010 Questioning the legal propriety of the order dated 16.04.2009 passed by the learned Single Judge in CWJC No.5486 of 2007, the present appeal has been filed. We have heard Mr. Abhay Krishna, learned counsel for the appellant, and Mr. Mani Kant Mishra, learned counsel for the State. 2. Two questions that emerged before the writ court are whether the petitioner had submitted an application for selection for the post of Nagar Shikshak before the competent authority; and that whether her placement in the - 2 - merit list would inure to her benefit. The learned Single Judge, having adverted to the facts and situation, expressed the opinion that the application was required to be submitted before the District Superintendent of Education as per the advertisement, but the same was submitted before District Education Officer. Thus, there was no application in the eye of law. By mistake her name figured in the merit list and, therefore, it cannot inure to her benefit, for the Simon Pure reason when an application is non-existent in the eye of law, any subsequent action cannot be taken aid of. It is because when the infrastructure collapses, super structure cannot be allowed to stand. Hence, we concur with the order of the learned Single Judge. 3. In the result, the Letters Patent Appeal, being devoid of merit, stands dismissed without any order as to costs. Sunil (Dipak Misra, CJ.) (Shiva Kirti Singh, J.)