Patna High Court
Madhav Kumar JhaversusThe State of Bihar through the Additional Chief Secretary,
- Decided
- Disposal
- WITHDRAWN
Holding
A Letters Patent Appeal may be withdrawn upon the appellant’s request, and the court may dispose of it as withdrawn.
Summary
A group of assistant teachers from Christ Church Girls High School, Bhagalpur filed a civil writ petition against the State of Bihar and various education officials. The petition was subsequently taken up as a Letters Patent Appeal (LPA No. 663 of 2025). The appellants later sought the Court's permission to withdraw the LPA in order to pursue an alternative remedy. The Court considered whether a party may withdraw a Letters Patent Appeal after it has been filed. After hearing counsel, the Court held that the appeal could be withdrawn and ordered its disposal as withdrawn. Consequently, the appeal was dismissed without any merits being decided.
Issues considered
- Whether a Letters Patent Appeal may be withdrawn by the appellant after filing
Subjects
- Letters Patent Appeal
- withdrawal of appeal
- civil writ jurisdiction
- education law
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.663 of 2025
In
Civil Writ Jurisdiction Case No.20707 of 2019
======================================================
1. Madhav Kumar Jha S/o Late Jagdish Jha, R/o - Village - Chorbay, P.S.
Amarpur, District- Banka, Bihar, Then Assistant Teacher Mathematics,
Christ Church Girls High School, Bhagalpur.
2. Shweta Kashyap D/o - Mithilesh Kumar Jha Then Assistant Teacher English,
Christ Church Girls High School, Bhagalpur.
3. Abhilasha Kumari D/o Brahmdev Prasad Singh Then Assistant Teacher
Sanskrit, Christ Church Girls High School, Bhagalpur.
4. Shaily Hembram @ Shaily D/o - Timothy Hembram, Then Assistant Teacher
Hindi, Christ Church Girls High School, Bhagalpur.
5. Sunita Murmu D/o Late Barnabas Murmu, Then Assistant Teacher Civics,
Christ Church Girls High School, Bhagalpur.
6. Sameer Soren S/o Late Seth Soren, Assistant Teacher, Geography, Christ
Church Girls High School, Bhagalpur.
7. Nirojni Soren D/o late John Soren, Assistant Teacher, Hindi, Christ Girls
High School, Bhagalpur.
... ... Appellant/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Education
Department, Government of Bihar, New Secretariat, Patna.
2. The Director, (Secondary Education), Bihar Patna.
3. The District Education Officer, Bhagalpur.
4. The District Programme Officer (Establishment), Bhagalpur.
5. The Managing Committee, Christ Church Girls High School, Bhagalpur,
P.S. - Kotwali, Town and District- Bhagalpur, through its Secretary.
6. The Head Mistress, Christ Church Girls High School, Bhagalpur, P.S.
Kotwali, Town and District - Bhagalpur.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Rounak Sinha, Advocate
For the Respondent/s : Mr. A.C. to A.A.G.-13
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
7 09-02-2026 After arguing for some time, the learned counsel for
Patna High Court L.P.A No.663 of 2025(7) dt.09-02-2026
2/2
the appellants seeks permission to withdraw the Letters Patent
Appeal for seeking some other alternative remedy.
2. Accordingly, the Letters Patent Appeal is disposed
of as withdrawn.
(Sangam Kumar Sahoo, CJ)
(Alok Kumar Sinha, J)
Neha/-
U
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