IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.780 of 2007 ------ Bhagwan Budha Prathamik Teachers Training College Nirmali Supaul through its Secretary Radhey Shyam son of late Rasik Lal, resident of Mohalla- Nirmali, P.S.-Nirmali, District-Supaul. …. Petitioner/Appellant Versus 1. The State of Bihar through the Chief Secretary Government of Bihar, Patna 2. The Commissioner-cum-Secretary, Human Resources Secondary Education Department, Govt. of Bihar, Patna. 3. The Director Secondary Education, Govt. of Bihar, Patna. 4. The Bihar School Examination Board through its Chairman, Sinha Library Road, Patna. 5. The Chairman Bihar School Examination Board, Sinha Library Road, Patna. 6. The Secretary Bihar School Examination Board, Sinha Library Road, Patna. …. Respondents/ Respondents ----------- For the appellant : Mr. Chandra Shekhar, Senior Advocate Mr. Rana Randhir Singh, Advocate For the respondent Nos. 1 to 3 : Mr. Prasoon Sinha, Government Advocate-III For the respondent Nos. 4 to 6 : Mr. Lalit Kishore, Additional Advocate General-III Mr. Satyabir Bharti, Advocate ------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ------ Dated, the 12th November, 2008 Along with an affidavit of the respondent nos. 4 to 6 handed in today by the Additional Advocate General-III, an order of the State - 2 - Government (Principal Secretary, Human Resources Development Department) contained in memo no. 309 dated 02nd September, 2008 has been placed on record. By this order, the recognition granted to the appellant vide order contained in memo 57 dated 16th March, 2007, has been withdrawn. 2. In the light of the order dated 02nd September, 2008, the appellant is not entitled to any relief as the appellant-Institution does not have any recognition and the recognition accorded to it vide order dated 16th March, 2007, has been withdrawn. 3. Letters Patent Appeal, therefore, has to be dismissed and is dismissed. 4. We, however, clarify that this order shall not preclude the appellant in challenging the legality and correctness of the order dated 02nd September, 2008 by means of an independent substantive proceedings. It will also be open to the appellant to seek all incidental and consequential reliefs in that writ petition. We further observe that in that event, the order dated 24th August, 2007 passed by the Single Judge shall not be any impediment for consideration of all aspects that may be raised in such writ petition independently. R.M. Lodha, CJ Kishore K. Mandal, J. Sunil