Patna High Court

Smt. Usha KumariversusThe State Of Bihar and Ors

Decided: 6 January 2026
Disposal: D.F.D. FOR NON APPEARANCE
Bench: ALOK KUMAR SINHA

Holding

The petition is dismissed for non‑prosecution as the petitioner failed to appear despite a prior warning.

Summary

Smt. Usha Kumari, a secondary teacher, filed a writ petition challenging actions of the State of Bihar and various education officials. The High Court had earlier issued a last‑chance order on 2 December 2025, directing the petitioner to appear and press the writ or face dismissal. On the next hearing dated 6 January 2026, no counsel or party appeared on behalf of the petitioner. Relying on the prior warning, the Court held that the petitioner had not prosecuted the writ. Consequently, the petition was dismissed for non‑prosecution.

Issues considered

Whether a writ petition may be dismissed for non‑prosecution when the petitioner fails to appear after a court’s last‑chance order

Subjects

writ jurisdiction
non‑prosecution
dismissal
education service
appointment

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.7814 of 2018
                 ======================================================
                 Smt. Usha Kumari D/o Harishchandra Chaudhary, W/o Vani Bhushan R/o
                 Vill. P.O. - Barpalia Balua, P.S. - Gudni District - Siwan at present posted as
                 Secondary Teacher, Gogal Sigh High School, Nayagaon, Sonepur, Chapra.

                                                                              ... ... Petitioner/s
                                                     Versus
           1.    The State Of Bihar
           2.    The Principal Secretary, Department of Education, Government of Bihar,
                 Patna.
           3.    The Joint Secretary to the Department of Education, Government of Bihar,
                 Patna.
           4.    The Director, Secondary Education, Government of Bihar, Patna.
           5.    The Regional Deputy Director, Education Saran Division at Chapra.
           6.    The District Education Officer, Saran at Chapra.
           7.    The District Programme Officer Establishment, Saran at Chapra.
           8.    The Zila Parishad Chapra, Saran through its Executive Officer.
           9.    The Executive Officer Zila Parishad Chapra, Saran.
           10. The Chairman Chapra Zila Parishad Teachers Appointment Committee
               Chapra, Saran.
           11. The Head Master, Gogal Sigh High School, Nayagaon Sonepur, Chapra.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       None
                 For the Respondent/s   :       Mr. Madanjeet Kumar- Gp20
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

4   06-01-2026                  No one appears on behalf of the petitioner.

                             2. Learned counsel for the Respondent-State is present.

                             3. By previous order dated 02.12.2025, this matter was

                   adjourned by way of last chance making it clear that if on the

                   next date, the petitioner is not interested in pressing the writ

                   application then this Court may consider dismissing it for non-
          Patna High Court CWJC No.7814 of 2018(4) dt.06-01-2026
                                                      2/2




                    prosecution. Today again when the case is called out, no one

                    appears on behalf of the petitioner to press the writ application.

                    Hence, in light of previous order dated 02.12.2025, the case is

                    dismissed for non-prosecution.



                                            (Alok Kumar Sinha, J)
Gaurav Sinha/-

U

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