IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12785 of 2007 LALAN KUMAR SINGH, son of late Deo Pujan Singh, resident of village Narhat, P.O. Kharauna, Via Masaurhi, District Patna, at present residing at Golghar, old G.T.Road, Aurangabad, P.S. Aurangabad (Town), District Aurangabad ... Petitioner Versus 1. THE MAGADH UNIVERSITY through its Registrar, Bodh Gaya, District Gaya 2. The Vice Chancellor, Magadh University, Bodh Gaya, District Gaya 3. The Registrar, Magadh University, Bodh Gaya, District Gaya 4. The Principal, Kishori Sinha Mahila Maha Vidyalaya, Aurangabad 5. Dr. Rekha Kumari, wife of Dr. Raj Kumar Prasad, resident of Janta Janch Ghar, M.G.Road, P.S. Aurangabad, District Aurangabad (Bihar) ... Respondents ----------- 2. 10.11.2010 Having heard counsel for the petitioner and the counsel for the University as also taking into account that the grievance of the petitioner as with regard to appointment of respondent no.5 on the post of Bursar in Kishori Sinha Women’s College, Aurangabad has now been rendered of academic importance, inasmuch as respondent no.5 was appointed on 14.9.2007 with a tenure of three years which has already come to an end on 14.9.2010, this Court must hold that this writ application by efflux of time has become infructuous. At the same time this Court would strongly deprecate the 2 manner in which the tenure of the petitioner’s working as Bursar was sought to be reduced by appointing respondent no.5 as Bursar on 14.9.2007, inasmuch as the petitioner also was given three years tenure on the post of Bursar by an order dated 27.10.2005 and therefore, if there was any anomaly in the said appointment of the petitioner on the post of Bursar and the same had to be terminated/ recalled before expiry of the period of three years i.e. on or before 27.10.2008 the competent authority of the University was required to issue notice to the petitioner before passing the order in favour of respondent no.5. As noted above, the whole issue now has become of academic importance on account of completion of period of three years of both the petitioner and respondent no.5 but this Court would make it clear that in future the respondent shall strictly act in accordance with law and will also keep in mind its own decision dated 26.4.1994 (Annexure 10) while making appointment on the post of Bursar so that the position like present one does not emerge in future. 3 With the aforementioned observation and direction, this application is disposed of. (Mihir Kumar Jha,J.) Surendra/