IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3028 of 2003 SHIVAJEE PATHAK, son of late Lalita Prasad Pathak, resident of village Singhi, Post Office Chakedihara, P.S. Bhagwanpur, District Kaimur, at present posted as Assistant Teacher, Middle School Sonhan, P.S. Sonhan, District Kaimur … Petitioner Versus 1. THE STATE OF BIHAR 2. The Commissioner cum Secretary, Primary and Adult Education Department, Govt. of Bihar 3. The Education Establishment Committee, Kaimur through its Chairman cum Deputy Development Commissioner, Kaimur (Bhabua) 4. The District Superintendent of Education cum Sub-divisional Education Officer, Bhabua, District Kaimur 5. The Block Education Extension Officer, Bhabua, District Kaimur 6. The Chairman, Zila Parishad, Kaimur at Bhabua … Respondents. ----------- 3. 4.8.2010 No one appears for the petitioner. Counsel for the State is present. The following relief prayed by the petitioner in this writ application: “(a) For issuance a writ in the nature of certiorari quashing the gradation list (contained in Annexure 7) to the extent of correction related to the petitioner. (b) For issuance of a writ in the nature of mandamus directing the respondents no. 3 and 4 to place the petitioner as I.Sc. trained teacher in the gradation list dated 23.1.2003 issued under the signature of respondent no.4 inter alia the following reliefs:- 2 (i) Respondents be directed to place the petitioner in the gradation list dated 23.1.2003 in the category of Intermediate trained teacher as has been mentioned in respect of two others at serial no. 1 and 2 as per the said gradation list. (ii) Respondents be directed to make necessary correction in the gradation list as per the representation of the petitioner and further be directed to delete the petitioner’s name mentioned at serial no. 43 and to place him as per his qualification at par with two others who have been placed at serial no. 1 and 2 of the said gradation list. (iii) Respondent be directed to place the petitioner in the gradation list in terms of his appointment as well as on the basis of his qualification.” has definitely become infructuous in view of 1993 cadre Rules framed by the State Government and consequential direction issued by this Court in the judgment of the Division Bench in the case of Ram Nath Prasad Singh & ors. vs. the State of Bihar & ors., reported in 2009(3) PLJR 384. That being so, when new gradation 3 list has been directed to be redrawn by this Court for the purposes of deciding seniority and giving promotion in the B.A. trained scale of pay, any reference to the earlier gradation list or its being assailed will now serve no useful purpose. That being so, this application has become infructuous and is dismissed accordingly. (Mihir Kumar Jha,J.) Surendra/