IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1361 of 2010 In Civil Writ Jurisdiction Case No. 1514 of 2010 ====================================================== 1. Jageshwar Prasad S/O Late Kamaldeo Rai R/O Bakhtiyarpur, Distt-Patna And Working As Store Keeper In Geography Dept. In Ram Krishana Dwarika College , Lohia Nagar, Patna-20 .... .... Appellant/s Versus 1. The State Of Bihar 2. The Principal Secretary Cum Commissioner, Human Resource Dept. Govt. Of Bihar, Patna 3. The Director, Higher Education Human Resource Dept., Govt. Of Bihar, Patna 4. The Vice Chancellor, Magadh University, Bodh Gaya 5. The Registrar, Magadh University, Bodh Gaya 6. The Principal, Ram Krishna Dwarika College, Lohia Nagar, Patna- 800020 .... .... Respondent/s ====================================================== 3 23-12-2011 Heard learned counsel for the appellant and perused the order of the Writ Court. The case of the appellant is that he met all the criteria for being included in List (ii) containing names of employees working on posts for which recommendations were sent by the Universities to the State up to the cut off date as discussed by the Apex Court on the basis of report of Justice Agrawal in the case of State of Bihar v. Bihar Rajya MSESKK Mahasangh: (2005) 9 SCC 129. The Writ Court has dismissed the writ petition preferred by the appellant because admittedly List (ii) prepared by the Agrawal Commission and accepted by the Patna High Court LPA No.1361 of 2010 (3) dt.23-12-2011 2 Supreme Court does not contain name of the appellant. We are also of the considered view that once the List (ii) which was accepted by the Apex Court does not contain name of the appellant, this Court cannot direct for inclusion of his name in the said list. The principles are easy to be enunciated but whether a person’s case is covered by a particular principle or not had to be decided by the Commission appointed by the Supreme Court and it would not be proper for this Court to take such an exercise. We find no merit in this appeal. It is accordingly dismissed. sk (Shiva Kirti Singh, J) (Shivaji Pandey, J)