IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9246 of 2006 MD.KAZIM son of Mirchand Ali resident of village Akhtiarpur Chandauli, P. S. Pusa, P. O. Oaini Block Pusa District Samastipur. Versus 1. THE STATE OF BIHAR through the Chief Secretary Old Secretariat, Patna. 2. The Commissioner cum Secretary, Primary & Adult Education Government of Bihar, Patna. 3. Rajya Pariyozna Nideshak, Bihar Shiksha Pariyozna Parishad, Bihar, Patna. 4. The District Magistrate, Samastipur. 5. District Superintendent of Education, Samastipur. 6. the Block Education Officer Pusa Block, District Samastipur. 8. Sukh Suwidha Committee Gram Panchayat Raj Chandauli Pusa, Samastipur, through Mukhiya Rita Devi. 9. Vindeshwar Rai the then Mukhia Grampanchayat Raj, Chandauli Pusa, son of Basudeo Rai resident of village + P. O. Akhtiarpur Chandauli, P. S. Pusa District Samastipur. 10. Rita Devi at present holding the post of Mukhia Gram Panchayat Raj Chandauli, Pusa, wife of Sri Suresh Pandit resident of village- P.O. Chandauli, P. S. Pusa, District Samastipur. 11. Headmaster Rajkiya Primary Urdu Vidyalaya, Chandauli Pusa, Samastipur. 12. Panchayat Sewak Gram Panchayat Raj Chandauli, Pusa, Samastipur. 13. Ranjit Kumar Singh, son of Chandeshwar Singh resident of village Chandauli P. O. Chandauli Block Pusa, P. S. pusa District Samastipur. … Respondents. ----------- 2. 24.08.2010 Heard counsel for the petitioner and counsel for the State. The prayer of the petitioner in this writ application reads as follows:- “(A) For issuance of writ in the nature of Certiorari for quashing the memo no. 03 dated 10.5.05 in respect of SL No. 6 namely Ranjit Kumar Singh (respondent no. 13) whereby and whereunder the Mukhia Gram Panchayat Raj Chandauli Pusa Samastipur has appointed him as Shiksha Mitra in Primary School Urdu, Chandauli Pusa 2 Samastipur which is against the law as well as notification published by the State Government. (B) For further issuance of writ in the nature of mandamus directing/commanding the concerned respondents to appoint Urdu Panchayat Shiksha Mitra in the concerned Urdu Primary School Chandauli Samastipur in view of the notification No. 7/BI 1-41/98 Ansh/1) dated 22.9.2004 after cancellation of earlier appointment of respondent no. 13 (Ranjit Kumar Singh) who is Hindi Panchayat Shiksha Mitra. (C) the writ petitioner further prays before this Hon’ble Court to stay the operation of impugned order dated 10.5.2005 in respect of the appointment of respondent no. 13 (Hindi Panchayat Shiksha Mitra) in Primary School Urdu, Chandauli, Samastipur during the pendency of the writ application.” Counsel for the petitioner at the outset would submit that he has instruction not to press the relief as sought in paragraph 1 (B). Once such prayer is sought to be deleted, the petitioner will have no longer right to challenge the appointment of Ranjit Kumar Singh, respondent no. 13 after deleting the prayer of his own appointment, no issue would survive for adjudication. The petitioner was a member of Vidyalaya Shiksha Samiti and therefore he also wanted his 3 appointment to be made on the post of Urdu Panchayat Shiksha Mitra but has now sought to withdraw his candidature. It is, however, open to any other person to challenge the appointment of respondent no. 13 in case he would satisfy the authority that respondent no. 13 was not eligible for holding the post of Urdu Shiksha Mitra. With the aforementioned observation and direction, this writ application is disposed of. kanchan (Mihir Kumar Jha, J.)