IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11779 of 2004 MOHAMMAD ABOU NAYEEM, SON OF LATE ABDUL HAKIM, RESIDENT OF GUMTI NO.3, BHIKANPUR, P.S.KOTWALI, DISTRICT BHAGALPUR. ---PETITIONER Versus 1. THE STATE OF BIHAR THROUGH THE EDUCATION COMMISSIONER CUM SECRETARY, PATNA SECRETARIAT, PATNA. 2. VICE-CHANCELLOR, T.M. BHAGALPUR UNIVERSITY, BHAGALPUR. 3. T.M. BHAGALPUR UNIVERSITY THROUGH THE REGISTRAR, T.M. BHAGALPUR UNIVERSITY, BHAGALPUR, DISTRICT BHAGALUR. ---RESPONDENTS ----------- 5. 28.4.2009 Heard the learned counsel for the petitioner and the University. The learned counsel appearing for the University submits that the petitioner has challenged the reasoned order passed by the respondent-Vice Chancellor, as contained in Annexure 1. However, the present writ application has been filed for assailing the said order without exhausting the remedy of appeal provided under sub-section (4) of section 9 of the Bihar Universities Act, 1973. In view of the above objection, the learned counsel for the petitioner seeks permission to withdraw this application to enable the petitioner to file an appeal before the appellate authority under the Act. Considering the submissions, the petitioner is permitted to withdraw this writ application for availing the remedy of appeal, as submitted by him. In case such an appeal is filed, it is expected that the appellate authority shall consider the same and dispose it of in accordance with law expeditiously, preferably within a 2 period of four months on receipt of such appeal. With the above observations, the writ application is dismissed as withdrawn. PNM (Shailesh Kumar Sinha, J.)