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Patna High Court

Mala SinhaversusThe State of Bihar through the Additional Chief Secretary, Education Department

Decided
Disposal
DISPOSED

Holding

The petition was disposed of because the order challenged had already been set aside by the Division Bench.

Summary

Mala Sinha filed a petition challenging an order dated 18‑09‑2020 issued by the Director of Secondary Education, Government of Bihar. The petitioner argued that the order had already been set aside by the Division Bench of the Patna High Court in LPA No. 1284 of 2023 on 20‑04‑2024. The learned counsel reiterated this point before Justice Mohit Kumar Shah. Noting that the impugned order had been nullified by the earlier judgment, the Court held that there was no further relief to be granted. Consequently, the petition was disposed of without any further order.

Issues considered

  • Whether the order dated 18‑09‑2020 passed by the Director, Secondary Education, remains operative in view of its being set aside by the Division Bench in LPA No. 1284 of 2023?

Subjects

  • Education law
  • Administrative order
  • Judicial review
  • High Court
  • Set aside order

Judgment

                         IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Miscellaneous Jurisdiction Case No.3885 of 2025
                                                       In
                              Miscellaneous Jurisdiction Case No.1477 of 2021
                  ======================================================
                  Mala Sinha Wife of Sri Kedar Prasad Singh, (Pradhandhypika) Rajkiye Kanya
                  Middle School Chailitand, Patna City, Patna.

                                                                            ... ... Petitioner/s
                                                  Versus
            1.    The State of Bihar through the Additional Chief Secretary, Education
                  Department Government of Bihar, Patna.
            2.    The Additional Chief Secretary, Education Department, Government of
                  Bihar, Patna.
            3.    The Director, Secondary Education, Government of Bihar, Patna.

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :   Mr.Rama Kant Singh, Advocate
                  For the Opposite Party/s :   Smt. Binita Singh, SC-28
                                               Mr. Ujjawal Bhushan, AC to SC-28
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                                        ORAL ORDER

2    09-01-2026             The learned counsel for the petitioner submits that the

                    order dated 18.09.2020 passed by the Director (Secondary

                    Education) Education Department, Government of Bihar, Patna

                    as contained in Memo No. 1030 dated 29.09.2011 has already

                    been set aside by the learned Division Bench of this Court by

                    an order dated 20.04.2024, passed in LPA No. 1284 of 2023.

                    2.      Accordingly, while noting the aforesaid fact, the present

                    petition stands disposed off.


                                                      (Mohit Kumar Shah, J)
S.Sb/-

U


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