Binod Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.37 of 2018 In Civil Writ Jurisdiction Case No. 16010 of 2012 ====================================================== Binod Kumar, Son of Sri Chandradeep Singh, R/o Village- Khairadih, Post Office- Bensagar, P.S.- Karakat (Gorari), District- Rohtas. .... .... Petitioner

Versus

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

2. The Secretary, Education Department, Government of Bihar, Patna.

3. The Director (Higher Education), Education Department, Government of Bihar, Patna.

4. The District Education Officer, Rohtas at Sasaram.

5. The Managing Committee, through its President Ram Kishore Singh Inter College, Dalmianagar, Police Station- Dalmianagar, DistrictRohtas.

6. The Secretary, Managing Committee, Ram Kishore Singh Inter College, Dalmianagar, Police Station- Dalmianagar, District- Rohtas.

7. The Principal, Ram Kishore Singh Inter College, Dalmianagar, Police Station- Dalmianagar, District- Rohtas.

8. The Teacher Representative (Member), Managing Committee Ram Kishore Singh Inter College, Dalmianagar, Police Station- Dalmianagar, District- Rohtas.

9. The Bihar School Examination Board through its Secretary, Bihar, Patna.

10. The Secretary, Bihar School Examination Board, Bihar, Patna. .... .... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Avanindra Kumar Jha, Advocate. For the State : Mr. Ashutosh Ranjan Pandey, A.A.G. 15 For the B.S.E.B. : Mr. Ajay, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-05-2018 Heard learned counsel for the petitioner and learned counsel for the respondents.

The present application has been filed for modification of order dated 17.07.2017 and order dated 17.08.2017 passed in C.W.J.C. No. 16010 of 2012 by which the writ petition was

Patna High Court MJC No.37 of 2018 (3) dt.18-05-2018 2/2 disposed of with liberty to the petitioner to prefer an appeal before the District Appellate Authority, Rohtas, challenging the Memo No. S-22 dated 26.05.2012 passed by the Secretary, Ram Kishore Singh Inter College, Dalmianagar (Rohtas), within a period of thirty days from the date of order i.e., 17.07.2017. Learned counsel for the petitioner submits that due to some unavoidable reason, he could not prefer an appeal before the District Appellate Authority, Rohtas. Hence, he prays for further thirty days time to prefer an appeal before the District Appellate Authority, Rohtas.

Considering the grounds mentioned in the application, the petitioner is granted further thirty days time to prefer an appeal before the District Appellate Authority, Rohtas, from today. The order dated 17.07.2017 and order dated 17.08.2017 passed in C.W.J.C. No. 16010 of 2012 stands modified to the extent as indicated above.

The modification application is, accordingly, allowed. U.K./- (Sudhir Singh, J) U