Sunil Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.82 of 2017 In Civil Writ Jurisdiction Case No. 3494 of 2016 ====================================================== Sunil Kumar Singh, S/o Late Chalitrar Singh, Resident of Village-Malawan, P.O.-Yogiur, P.S.-Hilsa, District-Nalanda (Biharshariff) .... .... Appellant

Versus

1. The Bihar School Examination Board, Patna through its Chairman

2. The Chairman, the Bihar School Examination Board, Patna

3. The Secretary, the Bihar School Examination Board, Patna .... .... Respondents ====================================================== Appearance :

For the Appellant/s : Mr. Rama Kant Singh, Adv. For the Respondent/s : Mr. Gyan Shankar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) 25-07-2018 Re: I.A. No. 1656 of 2017 Heard the parties.

This interlocutory application has been filed for condonation of delay of 211 days in filing the appeal. Perusal of the judgment and order impugned dated 20.05.2016 passed in C.W.J.C. No. 3494/2016 would confirm that the writ petition also was dismissed on grounds of laches and delay because the appellant having passed his matriculation examination in the year 1980 he raised his grievance with regard to correction of date of birth by filing of a writ petition after 26

Patna High Court LPA No.82 of 2017 (11) dt.25-07-2018 years from the date on which cause of action, if any, arose. Even before this Court the appellant has luxuriously come after 211 days. The reasons assigned fall short of any explanation and do not persuade this Court to condone the delay. I.A. No. 1656/2017 is rejected and consequently Letters Patent Appeal is dismissed in limine.

(Jyoti Saran, J) (Chakradhari Sharan Singh, J) Archana/Surendra U