IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4730 of 2007 Sunaina Shastri, W/o late Bhim Sen Pandey, resident of Village Simri, Ramopatti, P.S. Simri, Dist. Buxar. At present Secretary of the Managing Committee of Bishnu Deepan, Sanskrit-cum-Madhya Balak Vidyalaya, Simri, Buxar. ------- Petitioner Versus 1. The State of Bihar. 2. Deputy Director, (Secondary Primary and Mass Education), Govt. of Bihar, Patna. 3. District Education Officer, Buxar. 4. Chairman, Sanskrit Shiksha Board, Boring Canal Road, Patna. 5. Secretary, Bihar Sanskrit Shiksha Board, Boring Canal Road, Patna. 6. Raj Nath Singh, S/o late Dhuraji Singh, resident of Village Chhotaki Kothiari, P.O. Upadhyapur, P.S. Buxar, Dist. Buxar. ------- Respondents ----------- 2 17.08.2011 No one appears on behalf of the petitioner. Counsels for the respondents are present. The issue in hand raised in this writ application was earlier made subject matter of CWJC No.5567 of 1999, CWJC No. 11708 of 2001 and CWJC No. 4026 of 2003 respectively, which were disposed of by this Court by giving certain directions to the Chairman of Bihar Sanskrit Shiksha Board. Mr. Surendra Kumar Singh, learned counsel for the respondent no.6, has produced a copy of the order dated 2.12.2010 passed by the Chairman of the Board, wherein, the claim of the respondent no.6 as with regard to his 2 working and payment of salary has been upheld. Mr. Singh would accordingly submit that when the said decision dated 2.12.2010 of the Chairman of the Board has already been made subject matter of an appeal under Section 24 of the Bihar Sanskrit Shiksha Board Act, 1981, there would be no need now for this Court to adjudicate the issue in hand, which is pending before the appellate authority. Considering all these aspects, which are subsequent development after filing of this writ application, this Court must hold that this writ application, by efflux of time and subsequent event, as narrated above, has become infructuous and is accordingly fit to be dismissed. It is, however, made clear that the dismissal of this writ application will not mean that this Court has gone into the merit of the respective claim of the parties, which as noted above, has to be now decided by the Special Director, Sanskrit Education in the pending appeal filed by the affected teacher against such order of the Chairman of the 3 Board. With the aforesaid observations, this application is dismissed as having become infructuous. Rsh (Mihir Kumar Jha, J.)