IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No. 3323 of 2011 Vijay Kumar Thakur Versus The State Of Bihar & Ors ---------------------------------- 02. 28.09.2011 This application has been filed by the petitioner for modification of Order, dated 05.07.2011, passed in C.W.J.C. No. 3519 of 2009. The Writ Application was heard and decided on merit and it was dismissed. By filing the modification application, petitioner has brought this fact to the notice of this Court that during the pendency of the Writ Application, some developments had taken place and the grievance of the petitioner was redressed. Petitioner was retained on the post reserved for disabled candidate considering the disability certificate, issued by the competent authority. Petitioner was intending to withdraw his application, but on 05.07.2011, petitioner’s counsel did not appear before the Court, when case was called and the Writ Application was dismissed on merit. Since petitioner’s counsel was not there to assist the Court, new development taken place during the pendency of the Writ Application, could not be brought into the notice of the Court and this application was dismissed. 2 Prayer of the petitioner in this Application is to modify the order, dated 05.07.2011 and permit the petitioner to withdraw the Writ Application. Considering the fact that petitioner has already been retained, on the basis of his disability certificate, the Order, dated 05.07.2011, passed in C.W.J.C. No. 3519 of 2009 is modified. The Writ Application is permitted to be withdrawn and the same is dismissed as withdrawn. SKM (Mridula Mishra, J.)