IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.844 of 2007 THE STATE OF BIHAR & ORS Versus MITHILESH KUMAR ----------- For the Appellants : Mr. S.K. Singh, J.C. to S.C. XXII For the Respondents : Mr. Jagannath Singh, Advocate. ------ P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ----- Dated, the 18th July, 2008. We heard the counsel for the appellants and perused the order passed by the Single Judge. 2. The Single Judge, in the impugned order noted thus: “I find much substance in the submission made by the counsel for the petitioner. Requisition for appointment was made by the Director, Social Welfare and on such requisition the posts were advertised by the B.P.S.C. Request was made to the B.P.S.C. for not sending recommendation for appointment by letter no. 2410 dated 14.11.2002. By that time posts were already advertised, admit cards were issued and the candidates appeared in the examination. Any subsequent decision including the decision taken by the empowered committee on 3.5.2003 for not sanctioning for appointment on these posts and to take service of professional established N.G.O./instructor for giving training in these two new trades is against the settled law of the land. The respondent has rejected the representation of the petitioner without considering the direction of this court as well as settled law on this point.” 3. In the light of the aforesaid observations, the order passed by the Single Judge cannot be faulted. 4. It is pertinent to notice and that is admitted by the government counsel that the advertisement for the subject post was issued on 30th December, 2001. If that be so, we are afraid, the resolution passed on 25th April, 2003 cannot act prejudicial to the interest of the respondent (original petitioner) for appointment to the post of Assistant Instructor (Electronic). 5. Appeal has no merit. It is dismissed in limine. R.M. Lodha, CJ Kishore K. Mandal, J Anil/