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Patna High CourtCWJC/4200/2016withdrawn

Satyendra Narain Singh v. Bihar School Examination Board Higher Secondary Section And ORS

2018-02-05Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4200 of 2016 ====================================================== Satyendra Narain Singh Son of Late Gupteshwar Singh, Resident of Village Belauri, P.S. Mohania, District Kaimur at Bhabhua. ... ... Petitioner/s

Versus

1. Bihar School Examination Board ( Higher Secondary Section ) through its Secretary, Budha Marg, Patna.

2. The District TEachers Appellate Authority, Kaimur at Bhabhua.

3. The Managing Committee of Maa Rajeshwari Sudama Devi Patel Mahila Inter Mahavidylaya Bhabhua through its Secretary.

4. The Principal cum Secretary of the Managing Committee of Maa Rajeshwari Sudama Devi Patel mahila Inter Mahavidylaya Bhabhua. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sunil Kumar Jha, Advocate For BSEB :

Mr. Gyan Shankar, Advocate For the Respondent/s :

Ms. Nutan Kumari, Ac to Ga-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 05-02-2018 After some arguments, learned counsel for the petitioner is permitted to withdraw this writ application in order to approach the Appellate Authority created under the regulation 2011 as amended from time to time.

In case, the petitioner files appeal before the Appellate Authority constituted under the scheme of the affiliation regulation of the Board, the Appellate Authority is required to take final decision on the appeal on its own merit in accordance with law after condoning the delay in filing the appeal in view of the fact that the writ petition is pending in this Hon'ble court since 29.2.2016. The appellate authority is expected to pass

Patna High Court CWJC No.4200 of 2016(2) dt.05-02-2018 2/2 reasoned and speaking order and will not reject the appeal on the ground of delay as payment of salary is continuing cause of action and delay has no relevance in the matter of denying. With the aforesaid, the writ petition stands disposed of. (Anil Kumar Upadhyay, J) Ravi/- U