IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.4230 of 2010 PANCHANAN YADAV son of Late Gunar Yadav, resident of village Jibachhpur, P.S. Gamharia, District-Madhepura presently retired as Assistant Teacher, Sri Durga High School, Gailarh, District- Madhepura ------------Petitioner Versus 1. THE STATE OF BIHAR 2. The Director, Secondary Education-cum-Additional Secretary, Govt. of Bihar, Amarpali Bhawan, Bailey Road, Patna. 3. Vidyalay Seva Board, Biscomaun, Patna through its Secretary. 4. The Secretary, Vidyalaya Seva Board, Bihar, Biscomaun, Patna. 5. The Deputy Director, Secondary Education, Amrapali Bhawan, Patna. 6. The Regional Deputy Director of Education, Koshi Division, Saharsa. 7. The District Education Officer, Madhepura. 8. Late P. Narayan Yadav, S/o Not known to the petitioner retired Assistant Teacher from Durga High School, Ghailarh, District-Madhepura ------------Opposite Parties ----------- 3. 24.11.2010 Learned counsel for the petitioner submits that on account of illness of Senior Counsel Mr. Ganesh Prasad Singh, no one appeared for the petitioner. This Court had disposed of the writ application on the basis of the counter affidavit filed on behalf of the State. Wherein it was mentioned that respondent no. 8 was the senior most teacher of the school so the Board had appointed a headmaster in the light of the Government Circular No. 510 dated 20.11.1981. It was found by the Board that respondent no. 8 was the senior most teacher, which 2 was subsequently confirmed by the Education Department. Respondent no. 8 has now died. Therefore, there can be no claim against respondent no. 8 in this case. Considering that the order has been passed on merit, there is no question of restoration of writ application. This writ application is dismissed. Anand Kr. ( Sheema Ali Khan, J.)