IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7808 of 2005 DR.MD.SHAMSUL HAQUE SHAMSI, son of Late Akbar Hussain, resident of 258/II, Haroon Nagar, Phulwarisharif, P.S. - Phulwarisharif, District- Patna. ...... Petitioner. Versus 1. THE STATE OF BIHAR, through the Chief Secretary, Old Secretariat, Government of Bihar, Patna. 2. Hon’ble Chancellor of Universities, Bihar, Patna through his Principal Secretary. 3. The Commissioner (Higher Education), Department of Higher Education, Vikas Bhawan, Government of Bihar, Patna. 4. The Director (Administration)-cum-Deputy Secretary, Department of Higher Education, Vikas Bhawan, Government of Bihar, Patna. 5. Prof. (Capt) Dr. Sarfe Alam, father’s name not known to the petitioner, resident of “SAEBAN” (PASBAN), Sandal Nagar, Mahendru, Patna-800006. ....... Respondents. ----------- 05- 17.3.2010 Heard Mr. Akashdeep for the petitioner, and Mr. Sunil Kumar Ravi, learned Assistant Counsel to Government Pleader No.15 for respondent nos.1, 3, and 4. None appears on behalf of respondent no.2, nor for respondent no.5, though they have entered appearance through counsel and placed on record their respective counter affidavits. 2. The petitioner was a candidate for the post of Vice-Chancellor of Mazharul Haque Arabic and Persian University, Patna. Respondent no.5 was selected to the exclusion of the petitioner. The petitioner raises a grievance 2 before this Court that he was not considered, nor the Universities in Bihar are guided by any rational criteria for selection of Vice-Chancellors which renders the appointment of respondent no.5 bad in law. 3. We have perused the materials on record and considered the submissions of learned counsel for the parties. It appears that respondent no.5 was appointed on 14.5.2004, for a period of three years. The tenure of three years in question in the present writ petition is over which, in our view, has rendered the present writ petition infructuous. 4. In that view of the matter, the writ petition is dismissed. (S K Katriar, J.) (Kishore K. Mandal, J.) S.K.Pathak/