IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1045 of 2008 IN (CIVIL WRIT JURISDICTION CASE 6377/2000) Agaainst the order dated 23.9.2008 passed by Hon’ble Mr. Justice S.K. Katriar in C.W.J.C. no.6377 of 2000. ========================================================== = Nand Kishore Jha .... .... Appellant/s Versus The State Of Bihar & Ors .... .... Respondent/s ========================================================== = Appearance : For the Appellant/s : Mr. SUBODH KUMAR JHA Mr. Bal Krishna Mishra For the Private Respondent/s : Mr. Yugal Kishore For the Board : Mr. Awdhesh Prasad Sinha ========================================================== = CORAM: HONOURABLE JUSTICE SMT. T. MEENA KUMARI and HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT (Per: HONOURABLE JUSTICE SMT. T. MEENA KUMARI) The present Letters Patent Appeal arises out of the order dated 23.9.2008 passed by the learned single Judge in C.W.J.C. no.6377 of 2000 whereby the order dated 16.5.2000 passed by Respondent no.2 in Appeal no.2/98 has been set aside. The said application has been opposed by the appellant herein. However, hectic efforts have been made by Respondent no.6 to submit that Board has rejected the application filed by the appellant herein for approval that he is the founder teacher Patna High Court LPA No.1045 of 2008 dt.29-07-2011 2 of the school in question. It is admitted fact which is also mentioned by Respondent no.6 in para-25 of the writ petition that he had resigned from the post of Secretary of the school in question on 31.3.1998 and on 15.4.1998, the Governing Body of the school has accepted his resignation. The said fact remains uncontroverted. Accordingly, we are of the opinion that respondent may agitate his grievances by availing remedies open to him under law. As such, the writ petition becomes infructuous and the order of the learned single Judge is set aside. The Letters Patent Appeal stands allowed. The Patna High Court, 29th July, 2011 Sudip/NAFR ( T. Meena Kumari, J.) ( Ahsanuddin Amanullah, J. )