IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.545 of 2008 RAJESH KUMAR Versus THE STATE OF BIHAR & ORS ----------- For the appellant : Mr. Ebrahim Kabir, Advocate ------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal Dated, the 24th July, 2008. The appeal suffers from delay of 127 days. For condonation thereof an application( I.A.No.4321/08) has been made. Even if, we condone the delay, we are of the view that the appeal has no merit and does not deserve to be admitted. 2. The Single Judge in the impugned order observed thus: “4. The period of controversy is confined to one and half years. This Court is satisfied that the only order necessary to be passed now in the interest of justice and to save the career of the petitioner is to give a finding that the correct date of birth of the petitioner shall be deemed to be 1.3.1976 as recorded by the Board. The date of birth claimed by the petitioner shall have no relevance in this whole controversy. 5. In accordance with the Division Bench order of this Court in LPA No.21 of 2005 this Court holds that the date of birth as given by the respondent Board shall be deemed to be date of birth of the petitioner for all purposes and that his date of birth shall now be determined as 7.7.1977 to enable him to protect his career.” 3. We have no justifiable reason to take a view different - 2 - from that of the Single Judge. 4. LPA is, accordingly, dismissed. 5. This disposes of I.A.No.4321 of 2008 as well. R.M. Lodha, CJ Kishore K. Mandal, J. sunil