IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.188 of 2010 1. Jiwach Kumar aged about 25 years son of Sri Sahab Thakur, resident of Mohalla Adersh Nagar, Lalu Chak Batha, P.S. Ishakchak, District Bhagalpur. 2. Gopal Paswan, son of Sri Nakul Paswan resident of village Bajani, P.S. Jagdishpur, District Bhagalpur. 3. Piyush Kumar Singh, son of Late Jai Prakash Singh, resident of village Paharpur, P.S. Hawali Kharagpur, District Munger………………………………………………………………….Petitioners Versus 1. The State Of Bihar through the Secretary, Welfare Department, Govt. of Bihar, Patna. 2. The Secretary, Welfare Department, Govt. of Bihar, Patna. 3. The Dy. Director, Welfare Department, Bhagalpur. 4. The District Welfare Officer, Bhagalpur. 5. Headmaster Residential (SC & ST) High School, Kampaiby Bhagalpur. 6. The Director, Welfare (SC & ST) Department, Bihar, Patna………………Respondents ------- 5 12.12.2011 Learned counsel for the respondents points out that the letter of the Government addressed to all the District Welfare Officers contained in Memo No.5285 dated 29.11.2009 (Annexure-2) directing for appointment of only Mahadalit candidates as Security Guard in the residential schools has been withdrawn now by the Government through letter contained in Memo No.3297 dated 15.12.2010 (Annexure-M/II). Hence he submits that the basis for terminating services of the 2 petitioner by Annexure-1 itself becomes non est. Learned counsel for the petitioner accepts this position and submits that the impugned order (Annexure-1) may, therefore, be quashed as the ground for issue of the same does not exist. Accordingly, the impugned order as contained in Annexure-1 is quashed. Respondents shall be at liberty to requisition fresh names of the candidates from the private security agency on merits. This writ application is allowed in the manner indicated above. BT (J. N. Singh, J.)