PUSHPA KUMARI DAUGHTER OF SRI HARI SAH, RESIDENT OF VILLAGE:- BRAHMASTHAN, P.S.:- MUFFASIL, DISTRICT:- MUNGER Vs. THE STATE OF BIHAR THROUGH SECRETARY CUM COMMISSIONER, EDUCATION DEPARTMENT, GOVERNMENT OF BIHAR, PATNAAND ORS.

JUDGEMENT

(1.) BY the impugned order dated 24th August, 2007, three writ petitions came to be disposed of by the Single Judge. Aggrieved by this order, Bhagwan Budha Prathamik Teachers Training College , petitioner in CWJC No.7055/2007 preferred Letters Patent Appeal being LPA No.780/2007. The said Letters Patent Appeal has been dismissed by us today by a separate order in view of the order dated 02nd September, 2008 issued by the State Government (Human resources Development Department) whereby recognition granted to that institution earlier vide order dated 16th March, 2007 has been withdrawn. We disposed of that Letters Patent Appeal by the following order:

(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does not have any recognition and the recognition accorded to it vide order dated 16th March, 2007, has been withdrawn.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. We, however, clarify that this order shall not preclude the appellant in challenging the legality and correctness of the order dated 02nd September, 2007 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.