IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1331 of 2000 NAND KISHORE JHA, SON OF SHRI JAGAT LAL JHA, AGE 47 YEARS, RESIDENT OF VILLAGE PARSAUNI, P.S.-DUMRA, DISTRICT SITAMARHI ……..(PETITIONER)APPELLANT Versus 1. THE STATE OF BIHAR , THROUGH THE SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, NEW SECRETARIAT, VIKAS BHAWAN, PATNA 2. THE DIRECTOR HIGHER EDUCATION, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, NEW SECRETARIAT, VIKAS BHAWAN, PATNA 3. THE VICE-CHANCELLOR, BABASAHEB BHIMRAO AMBEDKAR BIHAR UNIVERSITY, MUZAFFARPUR ……. (Respondents) For the Appellant: Mr. Dhruv Mukherjee For the B.R.A. Bihar University: Mr. Harendra Kr. Tiwary For the State: Rakesh Kumar Singh ----------- 08 11.12.2008 We have heard Mr. Mukherjee for sometimes. He submits while rejecting the prayer of the writ petitioner for absorption Director of Higher Education was swayed by the fact that the writ petitioner- appellant had not produced the Attendance Register and the Acquaintance Roll. He submits that the appellants are now in possession of those documents. He prays for withdrawal of the appeal with liberty to approach the Director of Higher Education for reconsideration of its decision. Needless to state that in case the appellant approaches the - 2 - Director for the purpose and produces material, he shall reconsider the decision in accordance with law. It is made clear that we have not expressed any opinion in regard to the claim made by the appellant. The appellant is permitted to withdraw the appeal with the aforesaid observation. P.K. (Chandramauli Kr. Prasad, J.) (Dr. Ravi Ranjan, J.)