IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13120 of 2007 Dr.Shri Niwas Tiwary, son of Shri Jagdish Tiwary, resident of village Mandanpur, P.S. Narayanpur (Sahar), District Bhojpur, at present Assistant Teacher (Sanskrit) High School, Lain, P.S. Bihata, District Patna … Petitioner Versus 1. The State Of Bihar 2. The Secretary to Govt. of Bihar, Department of Human Resources Development, Bihar, Patna 3. The Special Secretary to Govt. of Bihar, Department of Education, Bihar, Patna 4. The Secretary, Bihar Secondary Education, Patna 5. The Director, Bihar Secondary Education, Patna 6. The Secretary, Bihar Public Service Commission, Bihar, Patna 7. The Deputy Secretary, Bihar Public Service Commission, Bihar, Patna … Respondents ---------------------------------- 3. 12.12.2011 No one appears for the petitioner. Earlier also when the case was taken up on 17.11.2011 the petitioner has remained unrepresented. Mr. Ashok Kumar Singh, learned Senior counsel appearing on behalf of the Bihar Public Service Commission, has filed a counter affidavit as also an application for modifying part of the order dated 17.11.2011 whereby and whereunder a cost of Rs. 10,000/- has been imposed. In the counter affidavit it has been explained that the requisition sent by the Government was acted in letter and spirit and equivalent qualification was the requirement suggested by the Government. It has also been explained that such a requisition has later on been recalled by the Principal Secretary of the Education Department by his letter dated 28.1.2011 on the ground that the Government proposes to fill up the post of Headmaster only by way of promotion. Considering all these aspects this writ application 2 must be held to have become infructuous which gets also explains by the continued absence of the counsel for the petitioner. In view of the subsequent development this Court would also modify the order dated 17.11.2011 imposing cost of Rs. 10,000/- on the Bihar Public Service Commission and that part of order is hereby, for the reasons mentioned in the interlocotury application, recalled discharging B.P.S.C. from the liability of payment of cost of Rs. 10000/-.. It is, however, expected that the Commission in future will not give such an opportunity to this Court and would file its counter affidavit within a reasonable period of time. With the aforementioned observations, this application is disposed of as having become infructuous. (Mihir Kumar Jha,J.) Surendra/