IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.334 of 2009 MD.OBAIDULLAH son of Late Md. Abdullah Azizi R/O Pakhi, P.S. Adapur, District East Champaran ( Motihari ), Bihar... Appellant Versus 1. THE STATE OF BIHAR 2. The Chairman, Bihar State Madarsa Education Board,Patna. 3. The District Education Officer, Mairwa, Siwan. 4. The Secretary, Madarsa Islamia Education School,Mairwa, Siwan....Respondents. ----------- 5 3-7-2009 Heard learned counsel for the appellant, learned counsel for the State and learned counsel appearing for the Madarsa Board. The writ petition was preferred by the appellant/petitioner against an order of suspension dated 1-6-2007. The writ petition was dismissed mainly on the ground that the order of suspension has been passed by a private Managing Committee. Learned counsel for the Madarsa Board submits that subsequently the writ petitioner/appellant has been dismissed from service and he can challenge the order of dismissal by way of filing appeal before the statutory authority. In view of such admitted subsequent development the present controversy which relates only to suspension has become infructuous as the suspension has merged with order of dismissal. Hence, this appeal is dismissed as infructuous. If so advised, appellant may challenge the order of dismissal in accordance with law. ( Shiva Kirti Singh, ACJ) - 2 - ( Anjana Prakash, J)