Patna High Court
Bihar Pradesh Madhyamik Shikshak Shishaketar Karamchari MahasanghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ANIL KUMAR SINHA
Holding
The writ petition dismissed for default is restored to its original file.
Summary
The Bihar Pradesh Madhyamik Shikshak Shishaketar Karmachari Mahasangh filed an application seeking restoration of Civil Writ Jurisdiction Case No. 14144 of 2018, which had been dismissed for default on 17 March 2023. The petitioners argued that the dismissal was erroneous and requested that the case be reinstated. The Court considered the procedural aspects of default dismissal and the discretion to restore a writ petition. Relying on the principles of justice and the need to allow the petitioners to pursue their substantive claims, the Court allowed the application. Consequently, the writ petition was restored to its original file for further hearing.
Issues considered
- What is the appropriate judicial discretion regarding restoration of a writ petition dismissed for default?
Subjects
- civil writ jurisdiction
- restoration of case
- default dismissal
- education sector
- union litigation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.4438 of 2024
In
Civil Writ Jurisdiction Case No.14144 of 2018
======================================================
1. Bihar Pradesh Madhyamik Shikshak Shishaketar Karamchari Mahasangh
through Its President Ram Naresh Prasad, Address- Punaichak Post Office
Gali, Patna - 800001.
2. Ram Naresh Pandey, Son of Late Hridaya Nanad Pandey, President, Bihar
Pradesh Madhyamik Shikshak Shishaketar Karamchari, Resident of village
Badka Gaon Rakasia, P.O.- Maidhara, P.S. - Bikaramganj, District- Rohtas.
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Principal Secretary, Education Department, Govt. of Bihar, Patna.
3. The Director, Secondary Education, Government of Bihar, Patna.
4. The Bihar School Examination Board, through its Secretary, Sinha Library
Road, Patna.
5. The Chairman, Bihar School Examination Board, Sinha Library Road,
Patna.
6. The Secretary, Bihar School Examination Board, Sinha Library Road, Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashi Shekhar Tiwary, Advocate
For the State : Mr. Madhaw Pd. Yadav, GP-23
Mr. Arvind Kumar, AC to GP-23
For the BSEB : Mr. Girijish Kumar, Advocte
For the Opposite Party/s : Mr. Government Pleader 23
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
4 18-03-2026 Heard learned counsel for the parties concerned.
2. The present application has been filed for
restoration of C.W.J.C. No. 14144 of 2018, which got
dismissed for default, vide order, dated 17.03.2023.
3. For the reasons stated in this application, the
Patna High Court MJC No.4438 of 2024(4) dt.18-03-2026
2/2
same is allowed and the connected case, bearing C.W.J.C.
No. 14144 of 2018 is restored to its original file.
(Anil Kumar Sinha, J)
Siwani/-
U
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