The Division Bench dismissed the Letters Patent Appeal filed by the State without entertaining it, preferring the appellant to file a fresh appeal or review the impugned order before the single judge. The petition was dismissed as withdrawn.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1523 of 2019 In
Civil Writ Jurisdiction Case No.11966 of 2018
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... ... Appellant/s
Versus
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Shashi Shekhar Tiwary, AC to AAG13 For the Respondent/s : Mr. Sunil Kumar Singh, Adv.
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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)
5 24-04-2023 The present appeal by the State is directed
against the order dated 19.09.2018 passed in CWJC No.
11966 of 2018 which was disposed off by the learned Single Judge in terms of the judgment dated 17.07.2018 passed in
CWJC No. 17670 of 2017 wherein it has been held that the
decision in the case of the petitioner/Umesh Prasad would abide by judgment dated 17.07.2018 passed in CWJC No.
17670 of 2017 and other analogous cases of Akhilanand
Patna High Court L.P.A No.1523 of 2019(5) dt.24-04-2023 2/2
Singh and others.
Against the aforenoted single Bench judgment in CWJC No. 17670 of 2017, the Magadh University had preferred an appeal vide LPA No. 794 of 2019 which stood dismissed on 26.09.2022.
Thus, the State would be well advised to either challenge that judgment before the superior Court or file a review before the Division Bench in case it is so deemed necessary.
We, therefore, do not get persuaded to entertain this appeal but give liberty to the appellant/State to file a fresh LPA in case the State succeeds in the review petition, if filed.
The petition is dismissed as withdrawn with the liberty aforesaid.
(Ashutosh Kumar, J)
( Harish Kumar, J)
rishi/-
U
The State of Bihar through Principal Secretary, Education Department, Bihar
The Director, Higher Education, Patna
Magadh University, Bodh Gaya through its Registrar
The Vice-Chancellor, Magadh University, Bodh Gaya
The Registrar, Magadh University, Bodh Gaya
Umesh Prasad Son of Late Mahendra Prasad
Ashutosh Kumar
Harish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
