IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE NO.9637 OF 2007 SUNIL KUMAR, SON OF SRI RAJENDRA PRASAD SINGH, RESIDENT OF VILLAGE DOPTA, P.S.- SARDALA, DISTRICT- NAWADAH (BIHAR), AT PRESENT POSTED AND WORKING AS AN ASSISTANT TEACHER IN RECOGNIZED MIDDLE SCHOOL SIKANDRA, P.S. MUFASSIL, DISTRICT NAWADAH. .... .... PETITIONER VERSUS 1. THE STATE OF BIHAR. 2. THE SECRETARY TO THE DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT BHAWAN BIHAR, PATNA. 3. THE DIRECTOR (PRIMARY EDUCATION) HUMAN RESOURCES DEVELOPMENT, DEPARTMENT, BIHAR, PATNA. 4. THE DISTRICT SUPERINTENDENT OF EDUCATION, NAWADAH. .... .... RESPONDENTS ----------- 02/ 14.10.2011 No one appears for the petitioner. Counsel for the State is present. The prayer of the petitioner in this writ application for issuance of a direction for payment of his salary is based on a presumption, that the School in which he was working i.e. Middle School Sikandra in the district of Nawadah was a Government School. The respondents, however, have clarified that the said School was never made a Government School and in fact the Government does not owe any liability for making payment of salary to the teachers of the said School. Patna High Court CWJC No.9637 of 2007 (2) dt.14-10-2011 2 That being so, when the stand taken by the respondents in the counter affidavit, has also not been controverted by the petitioner and the counsel for the petitioner has remained absent, this Court will have no option but to hold that the present writ application is wholly misconceived. It is, accordingly, dismissed. Ranjan (Mihir Kumar Jha, J.)