IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.568 of 2010 Kumar Vimal, S/o Sheopujan Singh resident of Chitrakut Nagar P.O. Digha P.S. Danapur, Dist. Patna 800012---- Appellant/Petitioner. Versus 1. Navoday Vidyalaya Samiti, A-28, Kailas Colony, New Delhi, Previously Indira Gandhi Stadium, I.P. Estate, New Delhi-2, through its Commissioner. 2. Union of India, Ministry of HRD (Dept. of Education) Govt. of India Shashtri Bhawan, New Delhi-110001 through Commissioner, Navoday Vidyalaya Samiti A-28, Kailas Colony, New Delhi. 3. Dy. Director/ Dy. Commissioner, Navodaya Vidyalaya Samiti Jaipur Region A-13 Shashtri Nagar, Jaipur-16 Rajasthan. Notice through Commissioner, Navoday Vidyalaya Samiti A-28 Kailas Colony New Delhi ----- Respondents. ---------- 2. 11.3.2010 Heard Mr. Dr. S.P. Singh for the petitioner, and Mr. Jawahar Prasad Karn for the respondents. This application has been filed by respondent no.2 of C.W.J.C. No. 11382 of 2005 (The Navodaya Vidyalaya Samiti & Others Vs. The Central Administrative Tribunal & Ors.), for recall of the order dated 14.12.2009, and its fresh hearing on the ground that he failed to appear on that date. If we do so, it will amount to putting a premium on negligence of learned counsel who choose not to appear when the matter was called out. Secondly, the matter has been disposed of on merits. It was, therefore, open to the petitioner to agitate before the superior court in accordance with law. The application is rejected. Vinay/ ( S. K. Katriar ,J. ) (Kishore K. Mandal, J.)