Patna High CourtL.P.A/562/2019disposed

Arvind Kumar Chaudhary v. Pappu Kumar

2020-02-18The Chief Justice -,Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.562 of 2019 In Civil Writ Jurisdiction Case No.9831 of 2019 ====================================================== Arvind Kumar Chaudhary presently posted as the controller of Examination, Bihar Combined Entrance Competitive Examination Board, I.A.S Association Building, Near Patna Airport, District-Patna-800014 ... ... Appellant/s

Versus

Pappu Kumar, Son of Sikendra Bhagat R/o Village and P.O.-Rupauli, P.S.- Rupauli, District-Purnia-854204 (Bihar) 2.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna 3.

The Principal Secretary Health Department, Government of Bihar, Patna 4.

Bihar Combined Entrance Competitive Board through its Chairman-cumMember, Board of Revenue, I.A.S. Association Building, Near Patna Airport, District-Patna-800014 5.

The Chairman-cum-Member Board of Revenue, Bihar Combined Entrance Competitive Examination Board, I.A.S. Association Building, Near Patna Airport, District-Patna-800014 6.

The Member Secretary-cum-Director Indigenous Medical Education (Ayurveda), Patna, Bihar Combined Entrance Competitive Examination Board, I.A.S. Association Building, Near Patna Airport, District-Patna800014 ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Prasoon Sinha, Adv.

For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 18-02-2020 The appeal filed on 6.5.2019 is listed for hearing for the first time today before the Court.

This appeal has been preferred against the order dated 3.5.2019, passed in C.W.J.C. No. 9831 of 2019, by a learned Single Judge of this Court whereby and whereunder the writ

Patna High Court L.P.A No.562 of 2019(3) dt.18-02-2020 2/2 petition has been disposed of with the alleged agreement of the parties and the appellant was directed to permit the petitioner to opt for the requisite courses against the left over seats pertaining to the EBC category for which the counselling was going on that day.

Learned counsel for the appellant states that the present appellant, Respondent No. 3 in the writ petition, had never consented to the passing of the order.

Be that as it may, the fact of the matter being that the writ petitioner, namely Pappu Kumar, Respondent No.1 herein, has appeared in the combined entrance competitive examination and not having qualified the examination was not given permission.

As such, in our considered view, the present appeal has become infructuous.

Appeal stands disposed of as having become infructuous.

(Sanjay Karol, CJ) ( S. Kumar, J) K.C.Jha/- U