IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8524 of 1997 1. NARESH PRASAD SINGH, son of Shri Ambika Prasad Singh, resident of village + P.O. Madhukar Chak, P.S. Bihariganj, District Madhepura 2. Sanjay Kumar Choudhary, son of Shri Radha Kant Choudhary, resident of Mahishi, P.S. Mahishi, District Saharsa … Petitioners Versus 1. THE B.N.MANDAL UNIVERSITY, Laloo Nagar, Madhepura, P.S. and District Madhepura through its Registrar 2. The Vice Chancellor, of B.N.Mandal University, Laloo Nagar, Madhepura, P.S. and District Madhepura 3. The Registrar of B.N.Mandal University, Laloo Nagar, Madhepura, P.S. and District Madhepura 4. Dr. Binod Kumar Singh, son of (father’s name not known to petitioner) Lecturer in the Department of English (appointed against 3rd post) in Sarva Narain Singh, Ram Kumar Singh College, Saharsa, P.S. and District Saharsa 5. Janardan Singh, son of (father’s name not known to petitioner), Lecturer in the Department of History (appointed against 6th post) in Sarva Narain Singh, Ram Kumar Singh College, Saharsa, P.S. and District Saharsa … Respondents. ----------- 6. 22.7.2010 Heard Mr. Ranjeet Kumar Jha, learned counsel for the petitioner and Mr. Harendra Prasad Singh, learned counsel for B.N.Mandal University. The prayer of the petitioners in this writ application reads as follows: “This writ application is being filed for issuance of a writ in the nature of certiorari to quash order bearing Memo No. G/C 6470-74/97 dated 29.8.1997 issued under the 2 signature of respondent no.3 (Annexure 20) and further for issuance of a writ in the nature of mandamus treating petitioners no. 1 and 2 senior to respondents no. 5 and 4 respectively.” The true import of such prayer can be better appreciated if the content of Annexure 20 to the writ application, the impugned order, is perused. In the impugned order the Registrar of the University has only held that in view of the order of status quo passed in C.W.J.C.No. 4021/1995 the seniority of Janardan Singh, Lecturer in History Department, and seniority of Dr. Binod Kumar Singh, Lecturer in English Department, shall be treated to be the same as it was prevailing on 22.5.1992. It is not in doubt that C.W.J.C.No. 4021/1995 was disposed of by this Court by a Division Bench of this Court in the case of Bihar Rajya Mahavidyalya Sikshak Awam Sikshketar Karamchari Kalyan Mahasang vs. the State of Bihar & ors., reported in 1997(1) PLJR 533, and the directions issued by the Division Bench was made subject 3 matter of Civil Appeal before the Apex Court at the instance of the State of Bihar & ors. vs. Bihar Rajya Mahavidyalya Sikshak Awam Sikshketar Karamchari Kalyan Mahasang, reported in 2005(1) PLJR 464 (S.C.). The Apex Court in the light of the recommendation made by Justice S.C.Agrawal Commission had not only directed the University to consider the cases for absorption of all the Constituent Colleges of 4th Phase but had also given sufficient power to the University to decide any and every matter relating to service condition which the university has decided in terms of section 4(14) of the Bihar State Universities Act. In that view of the matter, this writ application challenging correctness of Annexure 20 due to efflux of time has really become infructuous. It would be, therefore, open for the petitioners to agitate their griavence in the light of the recommendation of Justice S.C.Agrawal as accepted by the Apex Court. 4 With the aforementioned observation and direction, this application is disposed of. (Mihir Kumar Jha,J.) Surendra/