1 IN THE HIGH COURT OF JHARKHAND AT RANCHI C.M.P. No.537 of 2023 ------ Sunil Kumar aged 40 years son of Late Dawarika Prasad Singh resident of Kustore No.10, Near Shiv Mandir, P.O. Kustore, P.S. Kenduadih District Dhanbad …. …. Petitioner Versus 1. Jharkhand Academic Council, Ranchi through its Chairman having its office at Gyandeep Campus, Bargawan, P.O. and P.S. Namkum, District Ranchi. 2. The Secretary, Jharkhand Academic Council, Ranchi Gyandeep Campus, Bargawan, P.O. and P.S. Namkum, District Ranchi. .... .... Opp. Parties CORAM : HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD ------ For the Petitioner : Mr. Sanjay Prasad, Advocate For the JAC : Ms. Risheeta Singh, Advocate ------ 05/Dated: 21.02.2025 1. Learned counsel for the petitioner has submitted that surviving defect may be ignored in view of the fact that record of writ petition being W.P.(S) No.2369 of 2018 is available herein containing the order, by which, the writ petition has been dismissed for non-prosecution. 2. This Court, on consideration of the said submission, is of the view that since the original record is there containing the order, by which, the writ petition has been dismissed for non-prosecution, therefore, the said defect is, hereby, ignored. 3. With the consent of the parties, the matter has been heard on merit. 2 4. In the instant civil misc. petition, it has been stated that while restoring the said writ petition, there was condition, i.e., the defect be removed within two weeks, since, the file has not reached to the concerned Section and as such, the defect could not have been removed within two weeks, as was directed by this Court. 5. Considering the same, writ petition being W.P.(S) No.2369 of 2018, is restored to its original file, subject to removal of defect. 6. Accordingly, the instant Civil Miscellaneous Petition stands disposed of. (Sujit Narayan Prasad, J.) Rohit/-