Patna High Court

KALINATH JHAversusSri R.K. Mahajan

Decided: 9 January 2026
Disposal: DISPOSED
Bench: MOHIT KUMAR SHAH

Holding

The Court granted the petitioner liberty to challenge the 24‑07‑2023 order but disposed of the petition as not pressed.

Summary

Petitioner Sunila Jha filed a petition seeking liberty to challenge an order dated 24 July 2023 issued by the Director of Higher Education, Government of Bihar, which was issued in compliance with this Court's earlier order dated 16 April 2018 in CWJC No.9936 of 2017. The earlier order had rejected the petitioner's claim, and she sought permission to contest the subsequent order. The Court, after hearing counsel, granted the requested liberty to challenge the 2023 order. However, the Court noted that the petition was not pressed and consequently disposed of it. The decision effectively allows the petitioner to pursue further challenge while terminating the present petition as inactive.

Issues considered

What is the scope of liberty to challenge a subsequent administrative order issued in compliance with a prior court order?
Whether the petition is considered pressed for the purpose of disposal?

Subjects

liberty to challenge
procedural law
civil writ jurisdiction
higher education
petition not pressed
court order

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Miscellaneous Jurisdiction Case No.189 of 2021
                                                       In
                                 Civil Writ Jurisdiction Case No.9936 of 2017
                  ======================================================
                  Sunila Jha W/o Late Kali Nath Jha, Block No. 21, Flat No. 164 Prem Chand
                  Marg Rajendra Nagar, P.S. - Kadamkuan District- Patna.
                                                                            ... ... Petitioner/s
                                                     Versus
            1.     Sri R.K. Mahajan the Commissioner-cum-Secretary, Higher Education,
                   Govt. of Bihar, Patna
            2.    Sri Dinesh Kumar Jha the Director Higher Education Govt. of Bihar, Patna
            3.    Smt. Usha Kumari the Director Higher Education Govt. of Bihar, Patna
            4.     Dr. Nippal Goswami the Accountant General, Bihar, Patna
                                                                       ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr.Satish Chandra, Advocate
                  For the Opposite Party/s :       Mr.(Ag)
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                                        ORAL ORDER

4    09-01-2026                  At the outset, the learned counsel for the petitioner

                    seeks liberty on behalf of the petitioner to challenge the order

                    dated 24.07.2023, passed by the Director, Higher Education,

                    Government of Bihar, Patna in compliance of the order of this

                    Court dated 16.04.2018, passed in CWJC No.9936 of 2017,

                    rejecting his claim, by taking recourse to the due process of law.

                    Liberty so sought is granted.

                                 2. The petition stands disposed off as not pressed.



                                               (Mohit Kumar Shah, J)
kanchan/-
U

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