IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1369 of 2009 DR.INDU KUMARI W/O DR. INDAL SINGH 'NAVIN' R/O VISHAL PLAZA, FLAT NO. 102, MAURYA PATH, KHAJPURA, BAILEY ROAD, PATNA- 14.--------Petitioner/Appellant. Versus 1. THE STATE OF BIHAR 2. CHAIRMAN BIHAR INTERMEDIATE EDUCATION COUNCIL, PATNA 3. SECRETARY BIHAR INTERMEDIATE EDUCATION COUNCIL, PATNA 4. CHAIRMAN BIHAR COLLEGE SERVICE COMMISSION, PATNA BORING CANEL ROAD, PATNA 5. SECRETARY BIHAR COLLEGE SERVICE COMMISSION, PATNA BORING CANEL ROAD, PATNA 6. RAJ KISHORE PRASAD S/O LATE BIKAU RAI LECTURER, R.K.P.L.D. KISAN COLLEGE, BARIARPUR, SITAMARHI 7. RAGHWANDRA KUMAR FATHER'S NAME NOT KNOWN LECTURER, R.K.P.L.D. KISAN COLLEGE, BARIARPUR, SITAMARHI 8. SYED ASDULLAH FATHER'S NAME NOT KNOWN LECTURER, R.K.P.L.D. KISAN COLLEGE, BARIARPUR, SITAMARHI 9. SHEETAL RAI FATHER'S NAME NOT KNOWN LECTURER, R.K.P.L.D. KISAN COLLEGE, BARIARPUR, SITAMARHI 10. KAUSHAL KISHORE SINGH S/O SHRI RAJENDRA SINGH LECTURER, R.K.P.L.D. KISAN COLLEGE, BARIARPUR, SITAMARHI 11. DIRECTOR HIGHER EDUCATION, STATE OF BIHAR, PATNA. --------Respondents-Respondents. ----------- For the Appellant: Mr. Raghunath Kumar, Advocate. For the State: Mr.A. Amanullah, S.C.17 2 ------------ 3 08-04-2010 I.A. No.6846 of 2009. This is an application under section 5 of the Limitation Act for condonation of delay of six years and 191 days. It is submitted in the application for condonation of delay that the writ petition stood dismissed on merit and hence she did not take any further steps in the matter. It is also put forth in the application that in July, 2009 she came to know that the writ petition had been dismissed on technical ground and after applying certified copy she has filed the present appeal. To appreciate the grounds urged in the application for condonation of delay we have perused the order passed in the writ petition. The learned Single Judge by the order impugned had passed the following order:- “The petitioner applied for the post of Principal in Radha Krishna Purushottam Lal Dhanuka Kisan College, Bariarpur, Sitamarhi for which interview letter was issued to her on 27.8.2002. However, when she appeared for interview on 11.9.2002 the interview was not taken on the ground that she did not possess requisite teaching experience. The female candidate for the post of Principal are required to possess 7 years teaching 3 experience. According to the petitioner she was appointed as lecturer on 1.1.95 and she thus had the requisite teaching experience. On the own showing of the petitioner the M.A. examination commenced on or about 17.1.2002. Curiously, the date of passing the examination has not been disclosed. In this view of the matter, it is not understandable as to how she could be appointed as lecturer on 1.1.95 before she passed the examination. Thus, she did not have seven years teaching experience and therefore, if she was not interviewed, the Commission cannot be said to be at fault.” On a bare perusal of the aforesaid order it is quite clear that the writ petition was not dismissed on a technical ground. Thus, grounds that have been urged for seeking condonation of such enormous delay do not deserve acceptance. Accordingly, the application, being devoid of substance, stands rejected and as a natural corollary the appeal stands dismissed in limine. (Dipak Misra, C.J.) Abhay Kumar ( Mihir Kumar Jha, J.)