Mithilesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19234 of 2021 ====================================================== Mithilesh Kumar Son of Late Chandeshwar Yadav resident of VillageJagdishpur, P.S. Bhagwanpur Hat, District- Siwan. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Education Department, Government of Bihar, Patna.

2.

The Director, Secondary Education, Government of Bihar, Vikash Bhawan, Bailey Road, Patna.

3.

The Bihar School Examination Board, (Senior Secondary) Patna through its Chairman.

4.

The Secretary, Bihar School Examination Board, (Senior Secondary) Patna. 5.

The Director, Academic, Bihar School Examination Board, (Senior Secondary) Patna.

6.

The District Magistrate, Siwan.

7.

The District Education Officer, Siwan.

8.

The District Programme Officer (Establishment), Siwan. 9.

The Sub- Divisional Officer, Maharajganj, Siwan. 10.

The Bhagwanpur College, Bhagwanpur Hat, Siwan through the Managing Committee.

11.

The Principal, Bhagwanpur College, Bhagwanpur Hat, Siwan. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Krishna Kant Singh, Advocate.

For the State :

Mr. Madanjeet Kumar, GP-20.

For resp. Nos. 10&11 :

Mr. Bipin Bihari Singh, Advocate.

Mr. Shyama Kant Singh, Advocate.

For BSEB :

Mr. Girijish Kumar, Advocate.

Mr. Akash Anand, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 01-05-2025 Heard learned counsel appearing on behalf of the petitioner and learned counsel for the respondents.

2. It is informed by learned counsel appearing on behalf of the petitioner that now the District Appellate Authority

Patna High Court CWJC No.19234 of 2021(4) dt.01-05-2025 2/2 is functional in the District of Siwan and the petitioner seeks to approach the District Appellate Authority, Siwan for redressal of his grievance.

3. The District Appellate Authority, Siwan must consider the appeal of the petitioner without entering into any technicality in respect of delay and laches considering the fact that when the writ petition was filed, the entire globe faced with COVID-19 Pandemic. In view of the several S.O.Ps. issued from time to time and the Hon'ble Supreme Court judgment, the appeal, which is intended to be filed by the petitioner, must not be rejected on simple ground of delay and laches. It should be heard on merits, if it is filed by 16.05.2025, as desired by the petitioner.

4. With the above observation and direction, the writ petition stands disposed of.

(Purnendu Singh, J) mantreshwar/- U