Patna High CourtL.P.A/1621/2013allowed

The Bihar Combined Entrance Competitive Examination Board And ORS v. Dr. Pratap Narayan Jha And ORS

2017-03-03Justice Smt. Nilu Agrawal,Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1621 of 2013 IN Civil Writ Jurisdiction Case No. 14259 of 2013 ===========================================================

1. The Bihar Combined Entrance Competitive Examination Board, I.A.S. Association Building, Near Airport, Patna- 14, Through Its Chairman.

2. The Chairman, Bihar Combined Entrance Competitive Examination Board, I.A.S. Association Building, Near Airport, Patna- 14

3. The Secretary, Bihar Combined Entrance Competitive Examination Board, I.A.S. Association Building, Near Airport, Patna- 14 .... .... Appellant/s

Versus

1. Dr. Pratap Narayan Jha S/O Shri Prabhakar Jha Resident Of VillageBanghrahtta, P.O- Asi, P.S- Ghanshyampur, District- Darbhangha.

2. The State Of Bihar Through Secretary, Govt. Of Bihar, Patna.

3. The Medical Council Of India, Pocket- 14, Sector- 8, Dwarika, New Delhi110077. .... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. Vikas Kumar For the MCI:

Mr. Kumar Brijnandan, Advocate Mr. Tarees Hameed, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) Date: 03-03-2017 I. A. No. 8883 of 2013 is allowed.

Delay of 35 days is condoned.

The appeal also stands allowed in view of the fact that the order passed in C. W. J. C. No. 13112 of 2013, which formed the basis for allowing the writ application, against which the present appeal has been preferred, itself, has been set aside in L. P. A. No. 1024 of 2013 on 09.10.2013.

If this be so, the impugned order, dated 29.07.2013,

Patna High Court LPA No.1621 of 2013 dt.03-03-2017 2/2 passed in C. W. J. C. No. 14259 of 2013, is set aside, for the rational and reasoning provided by the Division Bench in its order, dated 09.10.2013.

Appeal is allowed.

(Ajay Kumar Tripathi, J) (Nilu Agrawal, J) SKM/- AFR/NAFR N.A.F.R.

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