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2016 Supreme(Pat) 1448

HEMANT GUPTA, VIKASH JAIN
Chhotu Singh S/o Rajendra Prasad Singh – Appellant
Versus
The State of Bihar through the Chief Secretary – Respondent


Advocates Appeared:
For the Appellants : Mr. Nawal Kishore Singh and Mr. Alok Kr. Singh.
For the Respondents: Mr. Gajendra Pd. Yadav and Mr. Jainendra Kr. Sinha.

JUDGMENT :

Hemant Gupta, J.

In Re: Interlocutory Application No. 807 of 2016

1. The application is for condonation of delay of 166 days in filing of the present Letters Patent Appeal.

2. For the reasons mentioned in the application, we find that sufficient cause is made out for condonation of delay. Consequently, we condone the delay in filing of the present Letters Patent Appeal.

3. Interlocutory Application stands allowed accordingly.

In Re: Letters Patent Appeal No. 206 of 2016

4. The challenge in the present Letters Patent Appeal is to an order passed by the learned Single Bench of this Court on 20th January, 2015 whereby the writ application filed by the appellant was dismissed on the ground of delay and laches as the appellant sought appointment on the basis of Advertisement No. 01 of 2004 in a writ petition filed in the year 2014.

5. The appellant claimed a direction for appointment on the post of Constable on the ground that he was declared fit in a physical test conducted on 19th September, 2007, but he has not been appointed on the said post. We do not find that mere appearing in the physical test confer any right of appointment. Even if the appellant was one of the selected cand








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