High Court Patna High Court - Orders

Shila Nath Mishra vs Bihar Sanskrit Shiksha Board … on 4 March, 2011

Patna High Court – Orders
Shila Nath Mishra vs Bihar Sanskrit Shiksha Board … on 4 March, 2011
                 IN THE HIGH COURT OF JUDICATURE AT PATNA
                                    CWJC No.9517 of 2006
                 SHILA NATH MISHRA, S/o Late Shyam Kishore Mishra,
                 resident of Village-Sasaula Sabha, P.S. Majorganj, District-
                 Sitamarhi at present Incharge Headmaster Sarvodaya Gurukul
                 Sanskrit Uch Vidyalaya, Ram Ruch Nagar, Bargainia, Distt-
                 Sitamarhi.
                 .................................................................Petitioner.

                                            Versus

                 1. BIHAR SANSKRIT SHIKSHA BOARD, Patna through its
                    Secretary.
                 2. The Chairman, Bihar Sanskrit Shikha Board, Patna,
                 3. The Secretary, Bihar Sanskrit Shikaha Board, Patna,
                 4. The District Education Officer, Sitamarhi,
                 5. Ramphal Prasad Sahu, S/o name not known to the petitioner,
                    Assistant Teacher Sarvodaya Gurukul Sanskrit Uch
                    Vidyalaya, Ram Ruch Nagar, Bargainia District-Sitamarhi,
                 6. The State of Bihar,
                 7. The Deputy Director, (Secondary Education), Bihar, Patna.
                    .........................................................Respondents.

                                              ---------

For the Petitioner: Mr.Tara Nath Jha, Advocate.
For the State : Mr. Kumar Pankaj, AC to SC VII.
For the Board : Mr. Bijay Kr. Pandey, Advocate.

———

6 04.03.2011 Learned counsel appearing for the petitioner

submits that during the pendency of this writ application, the

Deputy Director, Secondary Education, Bihar, Patna, has

passed the order as contained in Annexure-15 to the I.A.

No.2336 of 2008, whereby he has directed the respondent

No.5, to continue as Incharge Headmaster. However, it is
2

further submitted that the aforesaid order dated 28.03.2008

passed by the Deputy Director was stayed during the

pendency of this writ application and the petitioner continued

as Incharge Headmaster and in the meantime, respondent

No.5 has retired and, thereafter, the petitioner has been

appointed as regular Headmaster of the concerned school by

the Managing Committee vide its resolution dated

18.11.2008 , which has duly been approved by the Bihar

Sanskrit Shiksha Board, Patna on 13.02.2009, a copy of

which has been brought on record as Annexure 17 to the

supplementary affidavit filed on behalf of the petitioner.

Therefore, the petitioner submits that no grievance remains to

be redressed.

In the above view of the matter, this writ

application is dismissed as having become infructuous.

( Dr. Ravi Ranjan, J)
Sanjay-II