Dinesh Kumar Dinkar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14541 of 2015 ====================================================== Dinesh Kumar Dinkar, son of Shri Nand Lal Singh, resident of Village & P.O. Chiraili Bazar, Post & P.S. Khijarsarai, Dist. Gaya. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Director, Secondary Education Department, Govt. of Bihar, Budh Marg, Patna.

3. The Assistant Director, Secondary Education Department, Budh Marg, Patna.

4. The Regional Deputy Director of Education, Magadh Division, Gaya.

5. The District Education Officer, Jehanabad. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Chitranjan Sinha, Sr. Adv. Mr. Shailesh Kr. Singha, Adv.

For the Respondent/s : Mr. Sandeep Kumar- GA-8 Mr. Vivekanand Singh, AC to GA-8 ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 15-09-2015 Heard learned counsel for the parties.

Having regard to the admitted position that the impugned order is appealable before the Secretary of the Education Department in terms of the Seva Sart Niyamwali, 1983, this writ application is permitted to be withdrawn with a liberty to the petitioner to file an appeal within a period of two weeks from today.

If the petitioner files an appeal, the same shall be disposed of on its own merit without non-suiting the petitioner on the ground of delay/limitation, if any, by the Secretary of the Education Department expeditiously preferably within a period of

Patna High Court CWJC No.14541 of 2015 (2) dt.15-09-2015 four months from the date of filing of the appeal by the petitioner. This application is, accordingly, dismissed as withdrawn with the aforementioned liberty.

(Mihir Kumar Jha, J) Rishi/- U