02/ 10th May 2011 IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.796 of 2011 MD.ILIAS, S/O LATE BARHU HUSSAIN, AT PRESENT RESIDING AT MOHALLA-MAHALPUR, BIHARSHARIF, P.S.BIHARSHARIF, DISTT- NALANDA, NOW A RETIRED HEADMASTER FROM M.G.A HIGH SCHOOL, BABHANBIGHA, SHEIKHPURA, DISTT- SHEIKHPURA…………...…PETITIONER/APPELLANT. Versus 1. THE STATE OF BIHAR THRU THE EDUCATION COMMISSIONER-CUM-SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, NEW SECRETARIAT, PATNA. 2. THE DIRECTOR, SECONDARY EDUCATION, H.R.D. DEPARTMENT, GOVERNMENT OF BIHAR, NEW SECRETARIAT, PATNA. 3. THE DIRECTOR, PRIMARY EDUCATION, H.R.D. DEPATT. GOVERNMENT OF BIHAR, NEW SECRETARIAT, PATNA. 4. THE ACCOUNTANT GENERAL, BIHAR, PATNA. 5. DISCRTICT EDUCATION OFFICER, SHEIKHPURA. 6. DISTRICT SUPERINTENDENT OF EDUCATION, BIHARSHARIF, DISTT- NALANDA. ----------- Heard the parties. In the facts of the case the delay of 183 days in preferring this appeal is condoned. The I.A No. 3535/2011 stands allowed. With consent of the parties the matter has been heard on merits. It is found that CWJC No. 12238/2003 was 2 taken up for consideration on 24.09.2010. No-one appeared for the petitioner on that date. Explanation in the limitation petition and in the LPA is that, unfortunately, the counsel for the appellant could not mark the list. The learned writ Court considered the writ petition on merits and the same was dismissed after finding that there was no merit in the writ application. In our view since the matter was considered on merits, there may be some explanation as to why restoration application cannot serve the purpose of the appellant- petitioner but definitely a review petition could have been filed for reconsidering the matter on merits and if the writ Court finds any merit in the review application it could definitely alter the order dated 24.09.2010. In that view of the matter this appeal is disposed of with a liberty to the petitioner to file a review petition and if the same is filed within 30 days, the same shall be considered by the writ Court on merits. perwez (Shiva Kirti Singh, J.) (Dr. Ravi Ranjan, J.)