IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.716 of 2010 SUNIL KUMAR S/O SRI DEV NANDAN KAMAT R/O VILL.- MOTNAJE, POST- LADANIA, P.S. LADANIA, DISTT.- MADHUBANI Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY HUMAN RESOURCES DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 2. THE DISTRICT MAGISTRATE MADHUBANI 3. THE SUB-DIVISIONAL OFFICER JAYNAGAR, MADHUBANI 4. THE BLOCK DEVELOPMENT OFFICER LADANIA, MADHUBANI 5. THE MUKHIYA BELAHI GRAM PANCHAYAT, MADHUBANI 6. THE SECRETARY BELAHI GRAM PANCHAYAT, MADHUBANI 7. SRI ARUN KUMAR PANDIT S/O SRI BHUKHAN PANDIT R/O VILL.- KARHARWA, THADI, P.S. LADANIA, DISTT.- MADHUBANI ----------- For the petitioner : Mr. Arjun Kumar, Adv. For the Respondent No. 7: Mr. Manoj Kumar. Ad. For the State Respondent: Mr. Gajendra Nath Ojha, AC to G.A.-2 3/ 21.05.2010 Petitioner’s prayer is for a direction to respondent Nos. 5 and 6 to cancel the appointment of respondent No. 7 on the ground that having lesser marks than the petitioner, respondent No. 7 was selected in the extremely backward category. Without considering the merit of this application, counsel for the petitioner is permitted to withdraw this application with a liberty to file an appeal before the Appellate Tribunal. In case of filing such an appeal, the tribunal will consider the case of the petitioner on merit and decided within the statutory period. Sanjeet/ (Mridula Mishra, J.)