IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4651 of 2007 Shalandhar Jha, son of late Soti Lal Jha, resident of Village Chainpur, P.S. Bangaon, Dist. Saharsa, at presented posted as Incharge Headmaster of Bhagirath Primary-cum-Secondary Sanskrit School, Chainpur, Dist. Saharsa. ------- Petitioner Versus 1. The State of Bihar. 2. Bihar Sanskrit Shiksha Board, Bihar, Patna through its Chairman. 3. Chairman, Bihar Sanskrit Shiksha Board, Bihar, Patna. 4. Secretary, Bihar Sanskrit Shiksha Board, Bihar, Patna. 5. District Education Officer, Saharsa, Dist. Saharsa. 6. Umesh Kumar Jha, son of Radha Kant Jha, resident of Village Chainpur, P.S. Bangaon, Dist. Saharsa. --------- Respondents ----------- 2 17.08.2011 After some arguments, learned counsel for the petitioner, seeks permission to withdraw this application in order to avail the statutory alternative remedy of appeal in terms of Section 24 of the Bihar Sanskrit Shiksha Board Act. This application is, accordingly, permitted to be withdrawn with an observation that since the petitioner was unnecessarily pursuing this remedy of writ application since 11.4.2007, the delay in filing of the appeal will be condoned, if such an appeal is presented by the petitioner within a period of sixty days from today. It is, however, made clear that this Court has simply allowed the writ application to be withdrawn and has not gone into the 2 merit of the claim of the parties and, therefore, it would be open for the appellate authority to decide the question on merit. Rsh (Mihir Kumar Jha, J.)