IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6457 of 2009 ASHOK KUMAR GUPTA, S/O SRI JAGDEO PRASAD SAH, R/O VILLAGE-BELDAUR, P.O.+P.S.-BELDAUR, DISTRICT-KHAGARIA, AT PRESENT WORKING AS HEADMASTER IN CHARGE, RAM LAKHAN HIGH SCHOOL, BALTARA, KHAGARIA. ………………PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE DIRECTOR, SECONDARY EDUCATION, BIHAR, PATNA. 3. THE CHAIRMAN, BIHAR SCHOOL EXAMINATION BOARD, PATNA. 4. THE SECRETARY, BIHAR SCHOOL EXAMINATION BOARD, PATNA. 5. THE EXAMINATION CONTROLLER, BIHAR SCHOOL EXAMINATION BOARD, PATNA. 6. THE DISTRICT MAGISTRATE, KHAGARIA. 7. THE DISTRICT EDUCATION OFFICER, KHAGARIA. 8. SRI DINESH PRASAD SINGH, S/O LATE BHOLA PRASAD, R/O VILLAGE+P.O.-NAWADA, P.S.- CHAUTHAM, DISTRICT-KHAGARIA. …………RESPONDENTS. ----------- 4 23.02.2010 In this case, by order dated 22.1.2010, this Court had directed the Board to hold an enquiry and accept fees and forms from the competent person who is found to be working as Headmaster. It is informed that, pursuant to the said order, the Board has held enquiry and passed orders and permitted the writ petitioner to submit fees and forms for ensuing examination. Learned counsel for the respondents submits that the said order of the Board dated 16.2.2010 is substantially in the light of the 2 interim order passed by this Court in CWJC No. 5920 of 2007. Therefore, he submits that in fact that there is no adjudication of the rival claims of the parties by the Board before issuing this order since the order was only for accepting fees and forms for ensuing examination as the same was, apparently, an interim arrangement so that the career of the students may not suffer. Learned counsel for the petitioner submits that, in fact, the Board had taken into account the rival claims of petitioners also. However he agrees that the order of the Board should not have any bearing in CWJC No. 5920 of 2007 which has been filed for adjudication of rival claims on merits. He further submits that he will not rely upon the order of the Board in the said case and prays to withdraw the present case as it has become infructuous now in view of the said order of the Board. In view of such stand, the writ application is disposed of as withdrawn. Arvind/ (J. N. Singh, J.)