IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1099 of 2000 MD.ISHAQUE son of late Amantullah, Resident of village- Manga Chowk, Police Station, Sanhola, District Bhagalpur Versus 1. THE STATE OF BIHAR 2. The Secretary, Department of Human Resources, Bihar, New Secretariat, Patna. 3. The Special Director, Secondary Education, Education Department, Bihar, New Secretariat, Patna. 4. The Chairman, Bihar State Madarsa Education Board, Sri Krishnapuri, Patna 5. The Managing Committee of Madarsa, Mohammadia Rizwia, Bishamraquitta- District Godda through its Secretary 6. Md. Muslim Hussain S/o Md. Ibrahim village Maheshpur PS Dhorai District Banka ----------- For the appellant: None For Respondent no.6: Mr. Anisur Rahman, Advocate For Managing Committee: Mr. Shabbir Ahmad, Advocate For Madarsa Board: Mr. Dhrub Mukerjee, Advocate ------------ 6 18-02-2009 Learned counsel for the State of Jharkhand has pointed out that in compliance of order dated 4-8-2008 he has filed a counter affidavit on 23-9-2008 to show that this appellant was given opportunity of hearing and was actually heard by Madarsa Board prior to ratifying the order of termination. On behalf of the Madarsa Board, Managing Committee of the school and the writ petitioner it has been submitted that appellant has been litigating only against appointment of the writ petitioner, Md. Muslim in 1994 and has not challenged the termination order of the Managing Committee of the Madarsa Board passed in 1987 which was ratified by the Madarsa Board in 1994. It was further submitted that removal of the appellant was after proper enquiry which revealed that he had obtained service on the basis of forged certificate of Fazil. - 2 - Since nobody appears on behalf of the appellant, this appeal is dismissed for non prosecution. BKS/ (Shiva Kirti Singh,J.) (J. N. Singh, J.)