IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9457 of 2006 JANARDAN SINGH, son of Late Parmeshwari Singh, resident of ward no. 9 Mohalla- Gangjala, P.S. Saharsa, District- Saharsa. -------------------Petitioner Versus 1. Bhupendra Narayan Mandal University, through its Vice Chancellor, Laloo Nagar, Madhepura. 2. The Vice Chancellor, Bhupendra Narayan Mandal University, Laloo Nagar, Madhrpura. 3. The Registrar, Bhupendra Narayan Mandal University Laloo Nagar, Madhepura. 4. Dr. Birendra Kumar Singh, Lecturer in Department of Psychology, S. N. S. R. K. S. College, Saharsa. -----------Respondents -------------------------- 2 27.10.2010 Having heard counsel for the petitioner and counsel for the University, this Court is of considered opinion that now when a regular principal has already been posted in the College of the petitioner, his following relief sought in this writ application: “1 That this is an application for issuance of a writ in the nature of certiorari to quash the Memo No. 957 dated 17.7.2006, issued under the signature of the Registrar of the Bhupendra Narayan Mandal University, whereby and whereunder the respondent no. 4 has been appointed as Professor-in-charge of Sarva Narayan Singh Ram Kumar Singh College, Saharsa on basis of seniority by taking into account his date of joining and further for issuance of a consequential writ in the nature of mandamus, commanding and directing the respondent authorities to allow the petitioner to continue as the Principal- Professor-in-charge of the College to which post he was working since 5.9.2002 and further to pas an order for grant of absorption of the petitioner’s service with effect from his initial date of joining i.e. 16.11.1980 and by virtue of the same to grant him all consequential benefit to which the petitioner may be found legally entitled to”. 2 has in fact become infructuous in as much as now there would be no meaning and purpose of deciding the seniority between the petitioner and respondent No. 4 who were appointed on the post of Lecturers in two different departments in the college. If, however, there would be a similar situation for again making an arrangement on the post of Professor- in-charge on account of vacancy created on the post of principal of the College and the issue of seniority will be required to be gone into for holding who was the senior most teacher in this college, it would be open for the petitioner to approach the Registrar of the University who will take an appropriate decision as with regard to the seniority between the petitioner and respondent no. 4 and/or any other person after affording opportunity of hearing all concerned including the petitioner and respondent no. 4, if they would be claimant for the post of Professor-in-Charge of the College. With the aforementioned observations and directions this application is disposed of. Prakash/Anand Kr. ( Mihir Kumar Jha, J.)