IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.735 of 2009 MAHENDRA PRASAD SHARMA Versus THE STATE OF BIHAR & ORS ----------- 02. 23.06.2011 Heard learned counsel for the petitioner and the State as well as Counsel, appearing for the Respondent No. 5. The dispute relating to which this application has been filed is the inter-se seniority of petitioner as well as Respondent No. 5. Petitioner is claiming that he joined as Assistant Teacher (Physical) on 03.05.1978, whereas Jaidev Prasad Sah, Respondent No. 5, joined on 07.09.1978. Petitioner underwent short training course in the year 1983. He also obtained Dip-in Ed Degree in the year 1984. In the gradation list of Assistant Teachers, he is placed at serial no. 2383, above the Respondent No. 5, who is placed at serial no. 2442. On earlier occasion, in absence of the permanent Headmaster of the School, the District Education Officer, considering his seniority has directed him to act as Incharge Headmaster. But the RDDE, Munger, vide letter dated 20.11.2008 has directed Respondent No. 5 to take over the charge of Incharge Headmaster from the School, though he is junior to the petitioner. 2 The legal position regarding inter-se seniority of the petitioner viz-a-viz Respondent No. 5 is not needed to be decided in the present case, considering further development during the pendency of the Writ Application. Counsel for the State has submitted that permanent Headmaster has already been posted in the School. Now, there is no occasion either for the petitioner or Respondent No. 5 to discharge the duties as an Incharge Headmaster of the School. In the changed circumstances, the relief, for which the petitioner had filed this application, has got no relevance. Accordingly, this application is dismissed as infructuous. SKM (Mridula Mishra, J.)