IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5348 of 2009 SURESH KUMAR SINGH Versus THE STATE OF BIHAR & ORS ----------- For the Petitioner : Mr. Bipin Bihari Singh, Advocate For the State : Mr. Amarendra Kumar, AC to GP XI ---- 2. 28.04.2009 Heard learned Counsel for the petitioner and the learned Counsel for the State. This matter was passed over yesterday as a prayer was made that the petitioner desires to file supplementary affidavit. A supplementary affidavit has been filed today enclosing as Annexure 3, an order dated 27.6.2008 passed by the Bihar School Examination Board by which the results including that of the petitioner has been cancelled. Learned Counsel for the State rightly raised an objection as to the non-maintainability of the writ application in absence of necessary party i.e. the Bihar School Examination Board. The petitioner has chosen by the supplementary affidavit to challenge the action of the Board without filing any amendment application for impleading it as party respondent. The claim relates to a right to be considered for selection and appointment as Panchayat/Prakhand/Nagar Teacher based on the qualification obtained by the petitioner from a College, the examination of which was conducted by the Bihar School Examination Board. Strong reliance is placed on Annexure 1, an order of this Court in CWJC No. 10127 of 2008 stated to have been filed by the College in question challenging the cancellation of the result. The last paragraph of the order dated 15.9.2008 in the writ application clarifies that it relates to such persons who were already in service and were sought to be terminated on the grounds of cancellation of their result subsequently. Directions have been issued that no coercive action be taken against them in the meantime pending disposal of the writ application. The case of the petitioner is different, as he does not seek any preventive direction, but seeks a positive direction for consideration of his case. Whether it be an issue of non-joinder of parties or difference in claim from that in CWJC No. 10127 of 20089, there is no merit in this application. It is accordingly dismissed. Snkumar/- (Navin Sinha,J.)