Uday Shankar Yadav v. The Bihar School Examination Council High School , Through Its Chairman, Budh Marg, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2022 of 2018 In LPA 1122 of 2017 ====================================================== Uday Shankar Yadav, son of Bindeshwar Prasad Yadav, resident of VillageUchouli, P.O. Narsara, Police Station- Hayaghat, District- Darbhanga. .... .... Petitioner

Versus

1. The Bihar School Examination Council (High School), through its Chairman, Budha Marg, Patna.

2. The Chairman, Bihar School Examination Council (High School), Budha Marg, Patna.

3. The Secretary, Bihar School Examination Council (High School), Budha Marg, Patna.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Ranjan, Adv. For the Respondent/s : Mr. Gyan Shankar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) 18-09-2018 Re : I.A. No. 4979 of 2018 Heard the parties on the condonation application. Having considered the submission and the reasons assigned for the delay, we are satisfied to condone the delay of 35 days which is accordingly condoned.

I.A. No. 4979 of 2018 is allowed.

Re : MJC No. 2022 of 2018 This application is filed for restoration of L.P.A. No. 1122 of 2017 which was dismissed for non-prosecution vide order dated

Patna High Court MJC No.2022 of 2018 (4) dt.18-09-2018 18.04.2018.

Having heard learned Counsel for the parties and having considered the reasons assigned for non-appearance of the learned Counsel for the petitioner when the matter was called out, we are satisfied with the explanation to recall our order dated 18.04.2018 passed in LPA No. 1122/2017 and restore the Letters Patent Appeal to its file.

MJC No. 2022 of 2018 is allowed.

(Jyoti Saran, J) (Nilu Agrawal, J) Archana/Surendra U