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2006 Supreme(Pat) 807

J.N.BHATT, SHIVA KIRTI SINGH
Sati Ranjan Jamaiyar – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. Upon hearing the learned counsel for the parties and considering the facts and circumstances, we are satisfied that there was sufficient cause for delay of 8 days in preferring this Letters Patent appeal. Hence, the delay is condoned and the delay condonation application is allowed. No order as to costs.

2. This Letters Patent Appeal under clause 10 of the Letters Patent, is against order dated 2.4.2005 passed by learned Single Judge in CWJC No. 12314 of 2003, whereby the writ petition has been dismissed, mainly on the ground that the petitioner has no legal right to claim appointment and he is indulging only in legal jugglery to plead that somehow the State of Bihar should agree that more vacancies were available for the applicants like the petitioner, who had taken recruitment examination pursuant to advertisement no. 1/1993 for recruitment of Assistants for the Secretariat and attached offices of Bihar. The Writ Court also took notice of the fact that another candidate similarly situated as the petitioner, had preferred CWJC No. 10627 of 2001 and pursuant to direction in that writ petition and decision of the Division Bench in connected LPA No. 109 of 2002, the State



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