IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15540 of 2006 Brijnandan Ravidas, son of late Dilchand Ravidas, R/o Vill. Amarshi Bagha, P.O. Bharaunad, P.S. Guraa, Distt. Gaya. -------- Petitioner Versus 1. The State of Bihar. 2. The Commissioner-cum-Secretary, Primary and Adult Education Department, Govt. of Bihar, Patna. 3. The Director, Primary Education, Government of Bihar, Patna. 4. The District Superintendent of Education, Gaya. 5. The Regional Deputy Director of Education, Division Gaya, Gaya. 6. The Divisional Commissioner, Magadh Division, Gaya. --------- Respondents ----------- 3 15.7.2011 Mr. Rajendra Prasad Singh, learned senior counsel for the petitioner, taking into account that during pendency of this writ application, a fresh order reiterating the termination of the petitioner, has been passed on 5.12.2006, would seek liberty to withdraw this application in order to exhaust statutory alternative remedy of appeal as was availed by the petitioner even on earlier occasion against the original order passed in the year 1995. This application is, accordingly, permitted to be withdrawn with the aforementioned liberty and it is made clear that if the petitioner files such an appeal within a period of one month from today, the appellate authority shall decide the appeal 2 on merit and will not reject the same on account of limitation. Rsh (Mihir Kumar Jha, J.)