Dismissed¶¶28

Sunil Kumar and Ors. v. The State Of Bihar and Ors.

Patna HC22 Jul 2025CWJC/16701/2016

Case brief

AI extract

What is this about?

Termination of services; writ petition dismissed as withdrawn with liberty; alternative remedy before District Teacher Appellate Authority, Nawada; limitation protection for period remedy pursued before High Court since 2016; Block Teacher Selection Unit, Kawakol; Bihar education department respondents; CWJC No. 16701 of 2016; Patna High Court; Satyavrat Verma, J; order dated 22-07-2025.

What did the court decide?

Writ application dismissed as withdrawn with liberty to assail the order of termination before the District Teacher Appellate Authority, Nawada; the Appellate Authority directed to keep in mind, on any limitation issue, that the petitioners pursued their remedy before the High Court since 2016. ¶¶28

Sunil Kumar and Ors. Vs The State Of Bihar and Ors. — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶¶28

Issue for consideration

Whether the writ application challenging the termination of the petitioners' services should be entertained when the petitioners have an alternative remedy of approaching the District Teacher Appellate Authority, Nawada (raised as a preliminary objection; not decided, as the writ was permitted to be withdrawn).

¶¶25

Ratio / Principle

Permission is accorded to the petitioners to withdraw the writ application with liberty to assail the order of termination issued by the authority competent, before the District Teacher Appellate Authority, Nawada.

¶¶27

Key takeaways

The writ application is dismissed as withdrawn with the liberty to assail the termination order before the District Teacher Appellate Authority, Nawada.ratio¶¶28
If any issue of limitation arises before the District Teacher Appellate Authority, it shall keep in mind that the petitioners were pursuing their remedy before this Court since 2016.ratio¶¶29

Detailed headnote1 paragraphs

Patna High Court (Satyavrat Verma, J.), Civil Writ Jurisdiction Case No. 16701 of 2016, decided 22-07-2025: Four petitioners whose services stood terminated by the authority competent approached the High Court seeking quashing of the order of termination. The State and Respondent No. 11 objected at the outset that the petitioners had an alternative remedy of approaching the District Teacher Appellate Authority, Nawada. Counsel for the petitioners thereupon sought permission to withdraw the writ application with liberty to assail the termination order before the said Appellate Authority. Permission was accorded and the writ application was dismissed as withdrawn with the aforesaid liberty. The Court made it clear that if any issue of limitation arises, the District Teacher Appellate Authority shall keep in mind that the petitioners had been pursuing their remedy before the High Court since 2016.

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16701 of 2016

¶2

======================================================

¶3

Sunil Kumar s/o Bishundeo Sao r/o - Kawakol, P.S. - Kawakol, Distt. - Nawada.

¶4

Kashual Kishore Sharma s/o Sri Surya Deo Sharma r/o vill - Zobachak, P.S. - Kawakol, Distt - Nawada.

¶5

Hareram s/o Ramdeo Prasad Yadav r/o Chatrani, P.S. Chandradeep, Distt. Jamui.

¶6

Ashok Kumar s/o Basudeo Prasad Yadav r/o vill - Arnia, P.S. - Kawakol, Distt. - Nawada.

¶7

... ... Petitioner/s

¶8

Versus

¶9

The State Of Bihar

¶10

The Principal Secretary, Human Resources Department, Govt. of Bihar, Patna.

¶11

The Director, Education Department, Govt. of Bihar, Patna.

¶12

The Addl. Director, Education Department, Govt. of Bihar, Patna.

¶13

Regional Addl. Director, Magadh Division, Gaya.

¶14

The District Magistrate cum Collector, Nawada at Nawada.

¶15

The District Education Officer, Nawada at Nawada.

¶16

The District Programme Officer Estb., Nawada.

¶17

The Block Development Officer, Kawakol Block cum Secretry Block Teachers Selection Unit, Kawakol,

¶18

The Block Education Officer, Kawakol, Block Kawakol, Nawada.

¶19

The Chairman Block Teacher Selection Unit cum Pramukh Kawakol Block, Kawakol, Nawada.

¶20

... ... Respondent/s

¶21

====================================================== Appearance : For the Petitioner/s : Mr.Amresh Kumar Sinha, Adv Mr. Rajan Ghoshrave, Adv For the Respondent/s : Mr.Prabhakar Jha-GP27 Mr. Mukund Mohan Jha, AC to GP-27 Mr. Sunil Kumar Singh, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

¶22

4 22-07-2025 1. Heard learned counsel for the petitioners, learned AC to

¶23

GP-27 and learned counsel appearing on behalf of Respondent No. 11.

¶24

Patna High Court CWJC No.16701 of 2016(4) dt.22-07-2025 2/2

¶25

2. Learned counsel appearing on behalf of the State and the Respondent No. 11, at the outset, submits that petitioners have rushed to this Court seeking quashing of the order impugned in the instant writ application by which their services stand terminated when the petitioners have an alternative remedy of approaching the District Teacher Appellate Authority, Nawada.

¶26

3. At this stage, the learned counsel for the petitioners seeks permission to withdraw the writ application with liberty to assail the order of termination issued by the authority competent against the petitioners terminating their services, before the District Teacher Appellate Authority, Nawada.

¶27

4. Permission is accorded.

¶28

5. Accordingly, the instant writ application is dismissed as withdrawn with the liberty aforesaid.

¶29

6. It is made clear that if any issue of limitation arises, the District Teacher Appellate Authority shall keep in mind that petitioners were pursuing their remedy before this Court since 2016.

¶30

(Satyavrat Verma, J)

¶31

Sumit/-

¶32

Sunil Kumar and Ors. v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Sunil Kumar and Ors. v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Kumari Soni Rani Vs The State of Bihar

Lakshman Mandal Vs The State of Bihar

Rajendra Ram @ Rajendra Prasad Vs The Union of India

Awadhesh Kumar and Ors. Vs The State Of Bihar and Ors.

Rakesh Roshan and Ors. Vs The State Of Bihar and Ors.

Rajiya Khatoon Vs The State of Bihar