IN THE HIGH COURT OF JUDICATURE AT PATNA C. REV. No.108 of 2010 DR. INDU KUMARI, W/o Dr. Indal Singh, Navin, resident of Vishal Plaza, Flat No.102, Maurya Path, Khajpura, Bailey Road, Patna. 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. 5. Secretary, Bihar College Service Commission, Patna. 6. Raj Kishore Prasad, S/o late Bikau Rai 7. Raghwandra Kumar, father’s name not known. 8. Syed Asdullah, father’s name not known 9. Sheetal Rai, father’s name not known 10. Kaushal Kishore Singh, S/o Sri Rajendra Singh, Respondent nos. 6 to 10 are Lecturer, R.K.P.L.D. Kisan College, Bariarpur, Sitamarhi. 11. Director, Higher Education, State of Bihar, Patna. ----------- 5 09.03.2011 The present Review petition has been filed against the order dated 8.4.2010 passed in L.P.A. No. 1369 of 2009 (I.A. No. 6846 of 2009) refusing to condone the delay of six years and 191 days. Learned counsel for the petitioner has submitted that admittedly there is considerable delay in filing of the aforesaid Interim application, i.e. I.A. No.6846 of 2009, for which reasons have already been explained in support of condonation of delay of six years and 191 days, but the same was not taken note of by this Court and therefore there is error apparent on the face of the records. It has also been submitted that even on merits also there was error in the date of commencement of M.A. examination on record as 17.1.2002, as the petitioner had passed M.Sc. in the examination conducted in the month of January, 1995 which is evident from Annexure-3 to the writ application. 2 We have heard counsel for the State as well as counsel for the University. We had the occasion to go through the materials available in the writ petition. Annexure-3 to the writ petition is a bonafide certificate which goes to show that the petitioner had appeared in the examination conducted in the month of January, 1995. A copy of marks sheet has also been annexed as Annexure- 3/I to the writ petition. Having heard learned counsel for the respondents, we are of the opinion that a mistake has crept up in recording the order passed by the learned Single Judge which has also extracted in the order of the Division Bench in I.A. No.6846 of 2009 which indicates the date of passing of the examination was in the year 2002 which is an error apparent on the face of the record. From a perusal of Annexure-3/I it appears that the petitioner has passed the examination in the year 1995. Learned counsel for the respondents also has submitted that she has been working as a Lecturer till today, but however as she has applied for the post of Principal in the year 2002 her case was not considered and hence she has filed the present review petition, but in view of efflux of time her claim for the post of Principal has become infructuous. We are of the opinion that the date of passing of her examination as indicated in the order of the learned Single Judge which emerges in the order passed in I.A. No. 6846 of 2009 3 should be corrected as date of passing of the examination conducted in the month of January, 1995 and the same has to be corrected and accordingly the order is modified. We also make it clear that this order will not stand in the way of the petitioner in applying for the post of Principal in future if any vacancy arises as per rules. With the above observation this review petition is allowed and the amended order be reissued with the above correction. Abhay Kumar ( T. Meena Kumari, J.) (Shyam Kishore Sharma, J.)