IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.643 of 2008 MD.MANIRUL HASSAN Versus THE STATE OF BIHAR & ORS ----------- For the appellant: Mr. Gajanan Arun For the respondents : Mr. Manoj Kumar Sinha, JC to GP- 1 --- P R E S E N T Hon'ble the Chief Justice And Hon'ble Mr. Justice Kishore K. Mandal --- Dated, the 9th September, 2008 The appellant is an unsuccessful petitioner. In the writ petition he prayed for the following reliefs: “ That this writ petition is for issuance of appropriate writ of mandamus, commanding/ directing the respondents to cancel the appointment of Md. Shahabuddin on the post of Block Teacher made by the Block Development Appoint Committee, as per decision/direction of the Deputy Development Commissioner and for issuance of writ of mandamus, commanding/directing the respondents to appoint the petitioner on the post of Block Teacher under Economically Backward Class Category” 2. Upon perusal of the writ petition, we find that Md. Shahabuddin, whose appointment is sought to be cancelled, was not even impleaded as party respondent. 3. In the absence of Md. Shahabuddin, obviously, his appointment could not have been cancelled and there was no question of appointing the petitioner in his place. 4. The writ petition, therefore, could not have 2 succeeded. 5. The single judge in his order further observed that the petitioner did not appear in counseling. The single judge has not found any merit in the stand of the petitioner that he was prevented from attending the counseling. On this ground also, no relief could be given to the petitioner. 6. All in all, the appeal has no merit and is liable to be dismissed and is dismissed. R. M. Lodha, CJ. Kishore K. Mandal, J. Neyaz/