IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.983 of 2008 ***** Dr.Virendra Prasad Sinha, Son of Dr. Prabhu Charan Prasad Sinha, Resident of 171 Anandpuri, West Boring Canal Road, Police Station Budha Colony, District-Patna. …. Petitioner/appellant Versus 1. The State of Bihar through the Commissioner-cum-Principal Secretary, Department of Health, Medical Education and Family Welfare, Govt. of Bihar, Patna. …… Respondent-Respondent 2. The Additional Commissioner-cum-Secretary, Department of Health, Medical Education and Family Welfare, Govt. of Bihar, Patna 3. The Additional Secretary, Department of Health, Medical Education and Family Welfare, Govt. of Bihar, Patna. 4. The Joint Secretary, Health Services, (Medical Education), Govt. fo Bihar, Patna. 5. The Deputy Director Health, Medical Education and Family Welfare, Govt. of Bihar, Patna. 6. The Medical Council of India, through its Secretary, Aiwan-E- Galib Marge, Katal Road, New Delhi 7. Dr. Rajendra Nath Prasad, at present posted as Assistant Director in the Indira Gandhi Institute of Cardiology, Patna. 8. Dr. Sunil Kumar at present posted as Assistant Director, Indira Gandhi Institute of Cardiology, Patna ( Respondent)- Respondent. ----------- For the Appellants : Mr.Jitendra Singh, Senior Advocate Mr. Shankar Kumar Jhalker, Advocate For the Respondents : Mr.Alok Kumar, Junior counsel to Government Advocate I ----------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ----------- Dated, the 15th December, 2008. This Letters Patent Appeal suffers from delay of 57 days - 2 - and for condonation thereof, an application (I.A. No. 7406 of 2008) has been made. Even if, we condone the delay, we are of the considered view that appeal does not deserve to be admitted. 2. The appellant, who is unsuccessful petitioner, challenged the qualification prescribed by the Medical Council for appointment to the post of Deputy Director in Indira Gandhi Institute of Cardiology. The candidature of the appellant for the said post was not accepted as he was found not holding experience as Assistant Director in Indira Gandhi Institute of Cardiology. The order sought to be challenged before the Single Judge was passed on 19th March, 1995. The Single Judge dismissed the writ petition on the ground that matter has become infructuous The Single Judge cannot be said to have erred in not considering the matter on merit, as the policy that was made 13 years before could not have been disturbed at this distance of time.. 3. Letters Patent Appeal is dismissed in limine. 4. This disposes of I.A. No. 7406 of 2008 as well. R. M. Lodha, CJ Kishore K. Mandal, J Pawan/-