IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1434 of 2009 SHEO BALAK SINGH S/O LATE SADHU SHARAN SINGH R/O VILL.- HASANPUR COURT AREA LAKHISARAI, P.S.- LAKHISARAI, DISTT.- LAKHISARAI, THE SECRETARY, SCHOOL EDUCATION COMMITTEE, GOVT. MIDDLE SCHOOL HASANPUR, ANCHAL- LAKHISARAI, DISTT.- LAKHISARAI. ------Petitioner/Appellant. Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPTT., GOVT. OF BIHAR, PATNA 3. THE DIRECTOR, PRIMARY EDUCATION, BIHAR, PATNA 4. THE DISTRICT MAGISTRATE, LAKHISARAI 5. THE DEPUTY DEVELOPMENT COMMISSIONER-CUM-CHAIRMAN, DISTRICT EDUCATION ESTABLISHMENT COMMITTEE, LAKHISARAI 6. THE DISTRICT SUPERINTENDENT OF EDUCATION, LAKHISARAI 7. THE DISTRICT SUPERINTENDENT OF EDUCATION-CUM-DISTRICT PROGRAMME COORDINATOR, BIHAR EDUCATION PROJECT, LAKHISARAI 8. THE BLOCK DEVELOPMENT OFFICER, LAKHISARAI DISTT.- LAKHISARAI 9. THE BLOCK EDUCATION OFFICER, LAKHISARAI-II DISTT.- LAKHISARAI -----------------Respondents/Respondents. ----------- 2 15-04-2010 Heard Mr. Umesh Kumar Mishra, learned counsel for the appellant on the question of appeal. Questioning the legal propriety of the order dated 6.10.2009 passed by the learned Single Judge in 2 C.W.J.C. No.13036 of 2009 the present appeal has been preferred. On a perusal of the impugned order it transpires, the learned Single Judge has observed that the life span of the elected body of three years has expired on January, 2009. Be it noted, there is no provision in the rule that the said body shall continue till new elected body comes into existence. On the contrary in the BIHAR PRARAMBHIK VIDAYALAYA SIKSHA SAMITTEE (GATHAN, NIRWACHAN, KRIYANAWAYAN) NIYAMAWALI, 2009 there is a postitulate that after coming into force the said rule, the old body shall become extinct. In view of aforesaid, we do not find any merit in this appeal and accordingly the same stands dismissed in limine. (Dipak Misra, C.J.) Abhay Kumar ( Mihir Kumar Jha, J.)