IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.493 of 2011 In Civil Writ Jurisdiction Case No. 14828 of 2004 ====================================================== Sri Vishnudeo Kamat, Son of Late Narsingh Kishore Kamat, resident of B.N.Mandal University Campus, Madhepura, P.S. Madhepura, District Madhepura, at present deputed in Examination Department, B.N.Mandal University, Laloo Nagar, Madhepura …Respondent No.5 .... Appellant/s Versus 1. The B.N.Madal University, Madhepura through its Registrar 2. The Vice- Chancellor, B.N.Madal University, Madhepura 3. The Registrar, B.N.Madal University, Madhepura 4. The Principal, B.S.S. College, Supaul … Respondents .. Respondents 5. Uday Kant Jha, Son of Late Baleshwar Jha, resident of Village, Bina Babhangama, P.S. Supaul, District Supaul Writ Petitioner .... Respondent/s ====================================================== 3 14-10-2011 Heard learned counsel for the appellant and perused the order under appeal dated 17th January, 2011 whereby CWJC NO.14828 of 2004 was allowed. The writ petitioner/ respondent no.5 was appointed as an Assistant in BSS College, Supaul under BN Mandal University in 1972 and the appellant joined service in 1981. Considering the grievance of the writ petitioner that he should have been appointed as Head Clerk in place of the appellant, the Writ Court quashed the order dated 28th September, 2002 whereby the appellant was made Head Clerk of the College and directed the authorities of the college and the University to consider the case of the writ petitioner for appointment as Head Clerk. Patna High Court LPA No.493 of 2011 (3) dt.14-10-2011 2 Leaned counsel for the appellant has fairly submitted that now the writ petitioner has superannuated from service on 31st July, 2011 and hence, the dispute between the writ petitioner and this appellant needs no adjudication but the authorities of the University should consider the case of the appellant for the post of Head Clerk afresh without any delay. In the facts of the case, when the writ petitioner is no more in service, in our view, the aforesaid prayer on behalf of the appellant is quite fair. This appeal is accordingly disposed of with a direction to the concerned respondents to consider the case of the appellant and other eligible persons in accordance with law for filling up post of Head Clerk without any delay. sk (Shiva Kirti Singh, J) (Shivaji Pandey, J)