IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.720 of 2009 AJAY KUMAR NIRALA,SON OF JAGDISH RAI, RESIDENT OF VILLAGE-UDAN TOL, P.O. AND P.S. DHARAHPUR, DISTRICT PATNA------APPELLANT Versus 1. THE STATE OF BIHAR 2. DIRECTOR GENERAL OF POLICE, OLD SECRETARIAT, PATNA 3. SENIOR SUPERINTENDENT OF POLICE, PATNA. 4. THE SUPERINTENDENT OF POLICE, NALANDA CUM PRESIDENT POLICE RECRUITMENT BOARD, CENTRAL REGION, PATNA. 5. CITY SUPERINTENDENT OF POLICE, PATNA CUM MEMBER, POLIC E RECRUITMENT BOARD, CENTRAL REGION, PATNA------RESPONDENTS ----------- For the Appellant:- Mr. Tuhin Shankar For Respondents:- Mr. Satya Devo Kumar,S.C.12 3 19.8.2009 Heard Mr. Tuhin Shankar for the appellant and Mr. Satya Deo Kumar for the respondents. The present appeal is directed against the order dated 4.3.2009, whereunder the learned Single Judge has rejected the writ petition filed by the present appellant. The present appellant had applied for selection to the post of Constable and even though he was underage at the time of making his application, by mistake he was allowed to appear at the examination and subsequently he was selected. However, when the authorities discovered that he was underage, they did not issue any order of appointment and an appropriate communication was sent to the petitioner on 30.10.2001. Thereafter the - 2 - present appellant filed CWJC No. 11534 of 2002 which has been dismissed by the learned Single Judge under the present impugned order. The learned Counsel for the appellant submitted that since the age of the appellant was known to the department also and he appeared in the examination, they should not have denied the order of appointment. This question has been considered by the learned Single Judge. We do not find any reason to take different view of the matter. In that view of the matter, we are not entertaining this appeal. However, this order may not stand in the way of the appellant in making an appropriate representation, which may be considered by the appropriate authority. We do not express any opinion on the merit of such representation. This appeal is dismissed. (P.K.Misra,C.J.) (Shiva Kirti Singh,J.) A.Kumar