Patna High Court
Rajeshwar PrasadversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The writ application is disposed of as withdrawn, permitting the petitioner to challenge the circular before an appropriate forum.
Summary
Petitioner Rajeshwar Prasad filed a writ petition in the Patna High Court challenging the rejection of his claim on the ground that his registration occurred after the cutoff date of 31‑05‑2013, as stipulated in a circular dated 23‑11‑2020 issued by the AICTE Policy and Academic Planning Bureau. The petitioner sought to withdraw the writ application so that he could contest the circular in a suitable forum. The State argued that the counter‑affidavit and Annexure‑D supported the rejection. The Court, after hearing counsel, allowed the withdrawal and disposed of the writ application as withdrawn, noting that the petitioner remains free to challenge the circular elsewhere. No substantive merits of the circular were addressed.
Issues considered
- Whether the petitioner may withdraw the writ application pending a challenge to the AICTE circular dated 23‑11‑2020
Subjects
- AICTE circular
- withdrawal of writ petition
- Civil Writ Jurisdiction
- registration cutoff date
- challenge of policy
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8796 of 2024
======================================================
Rajeshwar Prasad S/o Sri Manager Prasad Sah Resident of Village and P.O.-
Mathiya, P.S.- Lauriya, District- West Chamaparan.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar.
2. The Additional Chief Secretary, Road Construction Department, Bihar,
Patna.
3. The Engineer-in-Chief- Cum- Additional Commissioner- Cum- Special
Secretary, Road Construction Department, Bihar, Patna.
4. The Deputy Secretary (Management Cell), Road Construction Department,
Bihar, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prabhu Nath Pathak, Advocate
For the Respondent/s : Mr. Government Pleader (17)
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 11-02-2026 Learned counsel for the petitioner and learned
counsel for the State are present.
2. Learned counsel for the petitioner submits that the
counter affidavit has been filed in this case and in the light of
counter affidavit, the decision on the claim of the petitioner has
been taken and rejected on the ground that registration of the
petitioner was after cutoff date i.e., 31.05.2013, as per the
Circular dated 23.11.2020 issued by Policy and Academic
Planning Bureau of All India Council for Technical Education.
3. Learned Counsel for the State submits that the
grievance of the petitioner has been tested by the department
Patna High Court CWJC No.8796 of 2024(2) dt.11-02-2026
2/2
and Annexure-D to the counter affidavit is very categorical in
this regard.
4. In this background, Counsel for the petitioner seeks
permission to withdraw this application with a view to challenge
the said Circular dated 23.11.2020 due to which the petitioner
had been barred and his claim was rejected.
5. In the light of the submissions made by the
petitioner, this writ application is disposed off as withdrawn.
The petitioner shall be at liberty to challenge the said circular
before the appropriate forum, if so advised.
(Dr. Anshuman, J)
Mkr./-
U
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