IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.913 of 2009 SUMESHWAR SINGH Versus THE STATE OF BIHAR & ORS 10 11-2-2010 Heard learned counsel for the appellant. Nobody appears on behalf of the State or other respondents. By the order under challenge in this Letters Patent Appeal the I.A. bearing no. 2369 of 2008 filed by the appellant seeking intervention in the writ petition bearing no. C.W.J.C. No.7241 of 2005 was rejected and thereafter by the same order the writ court held that since the Government of India has withdrawn its letter dated 28-4- 1997 through its letter dated 5th March, 2008 issued after the filing of the writ petition, on account of such subsequent event the letter of the State Government contained in annexure-9/B dated 14-5-2005 would no longer remain operative and would not be made applicable because the Government of India has withdrawn its earlier order dated 28-4- 1997. The order of the State Government dated 14-5-2005 has been extracted at page-4 of the order under appeal and shows that solely in the light of the order of the Central Government dated 28-4- 1997 the State Government had taken a decision to grant promotion to only those teachers who had the Post-graduate and other qualification as per regulation of 1989. After 1-7-1989 non- post graduate holders amongst the teachers would not be given promotion. Learned counsel for the appellant has submitted that the regulations of 1989 are enforceable under law and hence the State Government is obliged to - 2 - enforce the regulation regard-less of letter of the Central Government dated 28-4-1997 having been withdrawn through a letter dated 5th March, 2008. Such a stand and necessary declaration on that basis by way of relief to the appellant can be appreciated and granted only if the appellant is refused such relief by the State Government and he seeks the remedy through appropriate proceeding. It will always be open to the appellant to seek appropriate relief in accordance with law if he wants to take a stand that regulations are enforceable by dint of their having legal force, regardless of any decision/order of the State Government. With this clarification the appeal is disposed of. ( Shiva Kirti Singh,J) ( C.M. Prasad, J) Naresh