Farhat Yasmin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16294 of 2024 ====================================================== Farhat Yasmin daughter of N.A. Quadri, resident of Mohalla- Qutubuddin Lane, P.S.- Pirbahore, District- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through Additional Chief Secretary Department of Education Bihar, Patna.

2.

The Additional Chief Secretary, Department of Education Bihar, Patna. 3.

The Chairman, Bihar State University Service Commission, Bihar Patna. 4.

The Secretary, Bihar State University Service Commission, Bihar Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Alexander Ashok, Advocate Mr. Jawed Akhtar, Advocate Mr. Binay Kumar, Advocate For the Respondent/s :

Mr. Government Pleader-18 For the BSUSC :

Mr. Pawan Kumar, Advocate Mr. Utsav, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-11-2024

1. Heard learned counsel for the petitioner, learned AC to GP-18 for the State and learned counsel appearing on behalf of the Bihar State University Service Commission.

2. Learned counsel appearing on behalf of the Commission submits that the writ application is not maintainable for the reason that a writ of mandamus cannot be issued in absence of the pleadings in the writ application to the effect that the petitioner had approached the authorities seeking redressal of his legitimate grievance but the same was not acted upon. It is further submitted that had the petitioner moved before the Commission raising his grievance as raised in the

Patna High Court CWJC No.16294 of 2024(2) dt.18-11-2024 2/2 instant writ application, the Commission would have considered the same on its merit.

3. At this stage, learned counsel for the petitioner realizing his difficulty seeks permission to withdraw the writ application with liberty to the petitioner to move before the Commission raising his grievances as raised in the instant writ application.

4. Permission is accorded.

5. Accordingly, the writ application is dismissed as withdrawn.

(Satyavrat Verma, J) Kundan/- U