IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No. 660 of 2006 In Civil Writ Jurisdiction Case No. 13553 of 2005 With Interlocutory Application No. 4142 of 2006 And Interlocutory Application No. 4143 of 2006 In Letters Patent Appeal No. 660 of 2006. ====================================================== 1. Bihar Combined Entrance Competitive Examination Board through its Controller of Examination, I.A.S. Association Building, Near Airport, Patna-1, 2. The Controller of Examination, Bihar Combined Entrance Competitive Examination Board through its Controller of Examination, I.A.S. Association Building, Near Airport, Patna-1, 3. The Officer on Special Duty, Bihar Combined Entrance Competitive Examination Board through its Controller of Examination, I.A.S. Association Building, Near Airport, Patna-1, .... .... Respondents / Appellants Versus 1. Vijay Kumar, son of Shri Saryu Prasad Das, resident of Village – Anandipatti, P.O. Maheshpur, Via Ganpatganj, District Supaul … …. Petitioner / Respondent 2. Md. Mustaque Alam, father’s name not known, 1st year student, C/o Principal, Anugrah Narain Magadh Medical College, Gaya, 3. Mr. Pritee Ashok, son of Shri Ashok Kumar Choudhary, 1st year student, Anugrah Narain Magadh Medical College, Gaya, 4. Kumari Punam, daughter of not known, 1st year student, C/o Principal, Anugrah Narain Magadh Medical College, Gaya, 5. The State of Bihar, 6. The Secretary cum Commissioner, Health and Medical Education, Govt. of Bihar, Patna, 7. The Controller of Examination cum Additional Director, Health Services, Govt. of Bihar, Patna .... .... Respondents / Respondents. ====================================================== Appearance: Patna High Court LPA No.660 of 2006 (12) dt.11-04-2013 2 / 3 2 For the Appellant/s : Mr. Vikash Kumar, Advocate. For the Respondent/s : ----- ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 12 11-04-2013 Re. Interlocutory Application No. 4142 of 2006. The delay of 141 days occurred in filing the Letters Patent Appeal is condoned. Interlocutory Application stands disposed of. Re. Letters Patent Appeal No. 660 of 2006 and Interlocutory Application No. 4143 of 2006. Though served, the respondent no. 1 has not entered appearance. Feeling aggrieved by the judgment and order dated 23rd March 2006 passed by the learned single Judge in CWJC No. 13553 of 2005, the respondent Bihar Combined Entrance Competitive Examination Board has preferred this Appeal under Clause 10 of the Letters Patent. The matter at issue is the admission of the respondent no. 1, the writ petitioner, to MBBS course in 2005 against the Disabled Quota in the category of Extremely Backward Caste. The learned single Judge has allowed the claim of the writ petitioner and has directed the appellant to admit the writ petitioner against the additional seat of Disabled Quota meant for the Extremely Backward Caste. Therefore, this Appeal. Learned advocate Mr. Vikas Kumar has appeared for the appellants. He has submitted that pending this Appeal the writ Patna High Court LPA No.660 of 2006 (12) dt.11-04-2013 3 / 3 3 petitioner was not admitted to the MBBS course. In view of passage of time, the question of admission of the writ petitioner to the MBBS course now should not arise. Appeal and the Interlocutory Application are, therefore, disposed of. It is clarified that this order is made without prejudice to the rights and contentions raised in the present Appeal. In the event the respondent no. 1, the writ petitioner seeks execution or implementation of the impugned direction issued by the learned single Judge, the appellants will be at liberty to revive this Appeal. Dilip. (R.M. Doshit, CJ) (Ahsanuddin Amanullah, J)