IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10193 of 2006 SURENDRA PRASAD SRIVASTAVA, son of Late Ram Briksha Prasad, resident of Shashi Nandan Kanan Appartment, Ram Lakhan Singh Yadav High School Road, Punaichak, P.S.- Shastrinagar, Patna. Presently posted as Reader, Department of Philosophy, S.M.D., College, Punpun Patna. … Petitioner. Versus 1. THE STATE OF BIHAR, through, Secretary, Higher Education, Government of Bihar, Patna. 2. The Magadh University, through its, Registrar, Bodh Gaya, Gaya. 3. The Registrar, Magadh University, Bodh Gaya, Gaya. 4. The Principal, Somwati Mahtav Das College (S.M.D. College) Punpun, Patna. 5. Shri Ishwara Nand Singh son of Not known, Reader, Department of Mathematics, S.M.D. College, Punpun, Patna. … Respondents. ----------- 2. 03.11.2010 Having heard learned counsel for the petitioner and learned counsel for the State as also taking into account that the solitary issue raised in this writ application with regard to appointment of respondent no. 5 on the post of Professor-in-Charge of S.M.D., College, Punpun, Patna has been rendered infructuous on account of retirement of respondent no. 5, this Court would allow the prayer of learned counsel for the petitioner to withdraw this writ application. This writ application is, accordingly, dismissed as withdrawn. kanchan (Mihir Kumar Jha, J.) 2