IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2611 of 2003 1.NAND KISHORE SINGH, son of Shri Dudh Nath Singh resident of village-Dihri (Madhwal Tola) P.O. Hetampur, Police Station- Jagadishpur, District Bhojpur presently posted as Headmaster Middle School Narhi, P.O. Narhi, Chandi, P.S. Koliwar, District-Bhojpur. 2.Rameshwar Singh son of Ram Naresh Singh, resident of village- Shiv Balak Tola, P.O. Banahi, Police Station- Tiyar, District-Bhojpur. Presently posted as Head master Middle School Sahpur, P.O. and P.S. Sahpur, District-Bhojpur. Versus 1.THE STATE OF BIHAR 2.The Commissioner cum Secretary Primary Education Govt. of Bihar, Patna. 3.The Director Primary Education, Bihar Patna. 4.The Regional Deputy Director of Education Patna Division, Patna. 5.The District Superintendent of Education, Bhojpur Arrah. 6.Laxuman Prasad, son of late Shiv Prasad Ram present posted as Assistant Teacher Middle School Dharhara Bhojpur resident of village- Ekwana Police Station- Barhara, District- Bhojpur. 7.Dinesh Prasad Singh, son of Shri Gupteshwar Singh resident of village- Andhari, Police Station- Sahar (Chauri) District- Bhojpur, at present posted as Assistant teacher Middle School Nathmalpur Police Station- Barhara District Bhojpur. 8.Vishwanath Singh, son of late Sridhar Singh, resident of village Kaura Police Station- Jagdishpur District- Bhojpur at present Assistant teacher Middle School, New Police Line, Arrah. 9.Vijay Kumar Pandey Assistant teacher Middle school Farna P.O. and P.S. Farna (Arrah). 10.Shiv Kumar Chaudhary son of Shri Shiv Prasad Chaudhary, resident of village and P.O. Maniach, P.S. Sandesh, District Bhojpur, Arrah. ----------- 3 4.8.2010 No one appears for the petitioner. Counsel for the State is present. Prayer of the petitioners in this writ application reads as follows:- “That this application is being filed for issuance of an appropriate writ/ writs, direction/ directions and for quashing the so called gradation list of trained graduate (Science) dated 19.7.1997 (contained in Annexure-1) the writ application. By which the name and position of the petitioner have 2 been shifted to one place to another place illegally whereas petitioners have already been granted promotion as Headmaster in trained graduate science scale by the District Education Establishment Committee Bhojpur (Arrah) on the basis of the gradation list which was prepared earlier by the competent authority on 18.6.82.” With reference to the aforementioned relief the respondents in their counter affidavit in paragraph nos. 5, 6, 7 and 8 have taken the following stand:- “That in the aforesaid context it is stated that the said gradation list is now no more in existence, in view of order dated 12.11.2003 passed in L.P.A. No. 470 of 2002, the State of Bihar and others Vs. Vijay Kumar Pandey and others by the Hon’ble Court. That in that regard it is stated that the gradation list on contained in Annexure-1 of the writ petition which is in fact not the gradation list duly approved by district Education Establishment Committee nor approved by Regional Deputy Director of Education as per rule. The said gradation list was brought on record in CWJC no. 13476 of 2000 by way of an intervention petition as annexure- I/3 and the Hon’ble Single Judge has directed the authorities concerned vide order dated 6.4.2001 to act as per the gradation list on contained in Annexure- 1/3 and to take a decision in accordance with in law so fare the case of the petitioner viz a viz the case of others including intervenor’s are concerned within a period of 3 (three) months. That it is mentioned here that the State of Bihar preferred appeal against the aforesaid order of learned Single Judge vide LPA no. 470 of 2002. A division Bench of this Hon’ble Court vide order dated 12.11.03 was pleased to modify the order of the learned Single Judge to the extent that the District Education Establishment Committee headed by District Magistrate, Bhojpur will consider the seniority of the eligible persons within a period of 3 months from the date of order. That it is stated that therefore in view of the aforesaid order of this Hon’ble Court passed in LPA no. 470 of 2002 the gradation list as annexure- L of this writ petition is no more in existence.” 3 In view of the aforesaid stand of the respondents the impugned gradation list is no longer in existence. That being so, this application has become infructuous due to efflux of time and the same is accordingly dismissed as having become infructuous. Abhay Kumar ( Mihir Kumar Jha, J.)