IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13162 of 2009 1. RAM SUDAMA CHAUDHARY S/O LATE CHANDESHWAR CHAUDHARY VILL+P.O.+P.S. TELAHARA, DISTT. NALANDA Versus 1. THE STATE OF BIHAR 2. THE DIRECTOR PRIMARY EDUCATION, BIHAR, PATNA 3. THE R.D.D.E. PATNA DIVISION 4. THE DISTRICT SUPERINTENDENT OF EDUCATION NALANDA 2 6.1.2010 Heard counsel for the petitioner and the counsel appearing for the State. I.A. No. 7907 of 2009 has been filed on behalf of Kumari Om Prabha with a prayer to implead her as respondent no.5. Interlocutory application is allowed and she is impleaded as respondent no.5. Counsel for respondent no.5 is also present. Initially this application was filed by the petitioner for quashing of the order contained in letter no.1827 dated 14.9.2007 (Annexure-7) issued by the Regional Deputy Director, Patna Division Patna, whereby the order dated 5.9.2009 contained in memo no.4005 issued by the District Superintendent of Education, Nalanda had been stayed till the conclusion of the inquiry. Supplementary affidavit has been filed by the petitioner with a prayer to allow him to withdraw this application as during pendency of the writ application, the Regional Deputy Director, Patna Division, Patna vide - 2 - Annexure-11 dated 8.12.2009 contained in memo no. 2463 has recalled its earlier order dated 14.9.2009 contained in letter no. 1827 (Annexure-7), for quashing of which the present writ application has been filed. Counsel for the petitioner submits that on account of recalling order contained in Annexure-11 petitioner’s grievance has been redressed as in compliance of the order contained in memo no. 4005 dated 5.9.2009 (Annexure-4) he has already joined at Middle School, Telhara as Headmaster of the School. The newly respondent no.5 has filed counter affidavit raising objection regarding the order contained in Annexure-4 dated 5.9.2009, whereby the District Superintendent of Education, Nalanda has modified the transfer order issued by the Establishment Committee contained in memo no.2332 dated 26.6.2009. It has been submitted by the counsel representing respondent no.5 that the District Superintendent of Education has acted without jurisdiction as the order passed by the Establishment Committee could have been modified by the Establishment Committee. The order contained in Annexure-4 cannot be treated as rectification of typographical error; rather entire order has been modified. Since the respondent no.5 has not challenged the order contained in Annexure-4, as such in the writ - 3 - application filed by the petitioner, she cannot be allowed any relief. Petitioner has already jointed at Middle School, Telhara and will continue there, unless order contained in Annexure-4 is either recalled or quashed. Petitioner is not interested in further contesting the case and the prayer is for withdrawal of this application. As such this application is dismissed as withdrawn. (Mridula Mishra,J.) A.Kumar