IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4485 of 2003 Daya Nand Jha, Son of Dr. Surendra Jha, Resident of village Babu Barhi, P.S. Babu Barhi, District Madhubani, duly appointed Professor Incharge/Incharge Principal, Janta College, Laukaha, P.s. Laukaha, District Madhubani. --------- Petitioner Versus 1. Bihar Intermediate Education Council, Patna through its Secretary, having its office at Budh Marg, Patna. 2. The Chairman, Bihar Intermediate Education Council, Patna, Budh Marg, Patna. 3. The Secretary, Bihar Intermediate Education Council, Budh Marg, Patna. 4. The Secretary of Governing Body of Janta College, Laukaha (Madhubani)-cum-Sub-divisional Officer, Phulparas, P.S. Phulparas, District Madhubani. 5. Bihar College Service Commission, Patna though its Secretary having its office at Boring Canal Road, Patna-1. 6. Dr. Mukhtar Ahmad, Son of Safi Rahman, Resident of Village Kariot, P.S. Laukahi, District Madhubani. ---------- Respondents ----------- 6 05.08.2010 Heard learned counsel for the parties. The following prayer of the petitioner in this writ application:- “1(a) A certiorari quashing the alleged recommendation of the respondent Bihar College Service Commission as contained in Memo no. 288 Patna dated 5.10.2002 issued under the signature of Secretary of the aforesaid Bihar College Service Commission, Patna and addressed to the Secretary of the Governing Body/Principal of Janta Intermediate College, Laukaha (Madhubani), as contained in Annexure 10, whereby and whereunder name of respondent no.6 alone has 2 been recommended for the purpose of appointment on the post of Principal of the said College in complete violation of the mandate of Section 9 of the Bihar College Service Commission Act, 1976 (hereinafter referred to as „the Act‟ only). (b) A certiorari quashing the letter of appointment as contained in Letter no.4 dated 16.10.2002 issued under the signature of respondent no.4, as contained in Annexure 11, whereby and whereunder respondent no.6 has been appointed on the post of Principal of the Janta College, Laukaha (Madhubani) (hereinafter referred to as „the College‟ only) on the basis of aforesaid invalid recommendation dated 5.10.2002 issued under the signature of Secretary of Bihar College Service Commission, Patna as contained in Annexure 10 and also for quashing a communication contained in Letter no.5 dated 16.10.2002 issued under the signature of respondent no.4, as contained in Annexure 12, whereby and whereunder the petitioner had illegally been directed to hand over charge of the post of Principal of the College to respondent no.6. (c) A certiorari quashing the order issued under the signature of respondent no.3 vide his letter contained in Memo no. 464/2003 3 Patna 10.2.2003, as contained in Annexure 14, whereby and whereunder without complying with the order and direction dated 16.12.2002 passed in C.W.J.C. No. 13314/2002 by a Bench of this Hon‟ble Court vide Annexure 13, he has granted approval to the order of appointment dated 16.10.2002 of respondent no.6 on the post of Principal for the said College. However while passing such order he has not considered any of the objections raised on behalf of the petitioner and has also not given any reason for such approval. (d) A mandamus restraining the respondents from allowing respondent no.6 to work on the post of Principal of the College in question till the valid appointment is made by the Governing Body on the basis of valid recommendation made by the respondent Bihar College Service Commission, Patna in compliance of and in accordance with the direction issued by this Hon‟ble Court vide order dated 16.10.96 passed in C.W.J.C. No. 1357/95 as contained in Annexure 1.” has become infructuous primarily because the Institution has been derecognized/ disaffiliated by the Bihar Intermediate Education Council as is clearly asserted in 4 paragraph no. 5 of the counter affidavit, which is not controverted by the petitioner. Additionally, this Court would find that when the post of Principal was advertised and the respondent no.6 was recommended after holding interview by the College Service Commission, the petitioner’s right to continue on the post of Principal only because at one point of time, he was made Acting Principal, will be neither here nor there. An Acting Principal was an interim arrangement which is to continue till the post was sought to be filled up in the prescribed manner by advertising it and getting it filled up on the basis of recommendation of the Commission. That being so, this application is wholly misconceived and the same is hereby dismissed. Rsh (Mihir Kumar Jha, J.)