B.V.M. Bal Vidya Mandir Through ... vs Ashok Kumar Pathak
2021 Latest Caselaw 4369 Jhar

         IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                 A.C. (S.B.) No. 2 of 2021
                                              With
                                 A.C. (S.B.) No. 6 of 2017
        B.V.M. Bal Vidya Mandir through its
        Secretary Nemdhari Mahto.........     Appellant (In ACSB No. 2/2021)
        Daho Mahto, the President B.V.M. Bal Vidya Mandir
        Ramgarh.........                      Appellant (In ACSB No. 6/2017)
                                 Versus
        Ashok Kumar Pathak ............ Respondent (In ACSB No. 2/2021)
        Ashok Kumar Pathak & Ors ............ Respondent (In ACSB No. 6/2017)
                                 ......

Coram: Hon'ble Mr. Justice Ananda Sen Through:- Video Conferencing ......

        For the Appellants                 : Mr. Siddharth Roy, Advocate
                                           : Mr. Faiz-ur-Rahman, Advocate
        For the Respondents                : ----
                                      ......
7/24.11.2021     Against the final order passed by the Jharkhand Education

Tribunal, Ranchi in Education Case No. 10 of 2015, two appeals have been filed by the Management. ACSB No. 6 of 2017 has been filed by the President, B.V.M. Bal Vidya Mandir through one Daho Mahto whereas ACSB No. 2 of 2021 has been filed by B.V.M. Bal Vidya Mandir through its Secretary Nemdhari Mahto.

In the aforesaid appeals it is quite clear that B.V.M. Bal Vidya Mandir and its Committee is aggrieved by the order passed by the Jharkhand Education Tribunal. There cannot be two appeals against a judgment by the same party, i.e. B.V.M. Bal Vidya Mandir.

In that view, Mr. Siddharth Roy, learned counsel appearing in ACSB No. 2 of 2021, prays to withdraw ACSB No. 2 of 2021.

Prayer is allowed.

Let ACSB No. 2 of 2021 be dismissed as withdrawn. Now, this Court will hear ACSB No. 6 of 2017, which has been filed on earlier date.

Photo copy of the certified copy of the impugned judgment, passed by the Jharkhand Education Tribunal, which is at page-96 onwards of ACSB No. 2 of 2021, which has already been withdrawn, be tagged and attached with the records of ACSB No. 6 of 2017.

In view of withdrawal of ACSB No. 2 of 2021, both the interlocutory applications, i.e. I.A. Nos. 2185 of 2021 and 3215 of 2021, filed in the said appeal, are hereby dismissed as infructuous.

List ACSB No. 6 of 2017 on Tuesday, 30.11.2021 under the heading for Admission.

It is made clear that the party should be ready to argue this appeal on merits so that, if possible, this appeal can be disposed of on that day itself.

(Ananda Sen, J) Mukund/-cp.2