Patna High Court
Suhani Raj (Minor), represented through her father Jitendra KumarversusThe Union of India
- Decided
- Disposal
- WITHDRAWN
- Bench
- ALOK KUMAR SINHA
Holding
The court held that the writ petition may be withdrawn and dismissed, granting the petitioner liberty to file a fresh writ for any new cause of action.
Summary
The petitioner, a minor represented by her father, filed a civil writ petition before the Patna High Court challenging actions of the Union of India and the Navodaya Vidyalaya Samiti. The petition did not disclose the substantive grievance in the order, but the petitioner later sought to withdraw the writ application. The petitioner also requested liberty to file a fresh writ if any new cause of action arose during the pendency of the present petition. The court considered the request for withdrawal and the procedural propriety of dismissing the petition. After hearing counsel for both sides, the court allowed the withdrawal and dismissed the writ as withdrawn, granting liberty to file a fresh petition. No merits of the original claim were adjudicated.
Issues considered
- Whether the petitioner may withdraw the writ petition pending before the court
- Whether the court can dismiss the writ petition as withdrawn while granting liberty to file a fresh petition
Subjects
- civil writ jurisdiction
- withdrawal of petition
- minor petitioner
- education law
- Navodaya Vidyalaya Samiti
- Union of India
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2264 of 2026
======================================================
Suhani Raj (Minor), represented through her father Jitendra Kumar aged
about 38 years (Male), Son of Vasudev Singh, resident of Village- Malpa,
P.O.- Guraru Mills, VTC- Malpa, Sub District- Guraru, District- Gaya, Bihar.
... ... Petitioner/s
Versus
1. The Union of India through Secretary, Department of School Education and
Literacy, Ministry of Education, Government of India.
2. The Secretary, Department of School Education and Literacy. Ministry of
Education, Government of India.
3. The Navodaya Vidyalaya Samiti, through Chairman, B- 15. Institutional
Area, Sector - 62, Noida, Uttar Pradesh 201307.
4. Chairman, Navodaya Vidyalaya Samiti, B- 15, Institutional Area, Sector-62,
Noida, Uttar Pradesh 201307.
5. The Commissioner, Navodaya Vidyalaya Samiti, B-15, Institutional Area,
Sector 62, Noida, Uttar Pradesh 201307.
6. The Deputy Commissioner (Exam), JNVST, Karpuri Thakur Sadan,
Kendriya Karyalay Parisar, Block- A and B, 5th Floor Ashiyana Digha Road,
Patna, Bihar, Pin code- 800025.
7. The Deputy Commissioner (JNVST), Navodaya Vidyalaya Samiti, B-15,
Institutional Area, Sector 62, Noida, Uttar Pradesh 201307.
8. Javahar Navodaya Vidyalaya, Jethian, through Principal, Village- Jethian,
P.S.- Atri, District- Gaya, State Bihar 823311.
9. Principal, Javahar Navodaya Vidyalaya, Village- Jethian, P.S- Atri, District-
Gaya, State Bihar 823311.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajat Kumar Tiwary, Adv.
Ms. Deepika Sharma, Adv.
For the Respondent/s : Mr. Additional Solicitor General
For the NVS : Mr. Siddhartha Prasad, Adv.
For the CGC (UOI) : Mr. Kumar Samarjeet Singh, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 31-03-2026 Heard learned counsel for the petitioner, learned
counsel appearing for Javahar Navodaya Vidyalaya and learned
counsel appearing for Union of India.
2. After advancing some argument, learned counsel
Patna High Court CWJC No.2264 of 2026(2) dt.31-03-2026
2/2
for the petitioner prays for withdrawing the writ application
with liberty to file a fresh writ for any fresh cause of action that
may have arisen during the pendency of the writ application.
3. As prayed for, this writ application is dismissed as
withdrawn with liberty as aforesaid.
(Alok Kumar Sinha, J)
Prakash Narayan
U
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