IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15357 of 2007 Ganga Nath Mishra, son of Sri Narottam Mishra, resident of Mohalla Krishnagarh, Sultanganj, P.S. Sultanganj, District Bhagalpur … Petitioner Versus 1. The State Of Bihar 2. The Secretary, Secondary Education, Govt. of Bihar, Patna 3. The Deputy Director, Secondary Education, Govt. of Bihar, Patna 4. The Secretary, Vidyalaya Seva Board, Bihar, Patna 5. The District Education Officer, Bhagalpur 6. The Principal, Sardari Chaudhary Rashtriya High School, Sultanganj, District Bhagalpur … Respondents ---------------------------------- 4. 21.12.2011 Having heard counsel for the parties as with regard to the following relief: “That, this is an application for issuance of writ in the nature of mandamus for direction, directing the respondents to appoint the petitioner on the post of Assistant Teacher in the Nationalized Secondary School as per the advertisement No. 1/1996 published under the seal and signature of the Secretary, Vidyalaya Seva Board (respondent no.4), by declaring the result of the petitioner, who appeared in the interview and submitted their requisite documents at the time of interview.” this Court would find it difficult to issue a direction for either declaring the result of the petitioner on the basis of selection process undergone in terms of Advertisement No. 1 of 1996 or appointing him on the post of teacher in 5% quota meant for the Clerk of Nationalized High School inasmuch as by now it is well settled that mere advertisement or even initiation of process of selection undertaken pursuant to an advertisement cannot clothe a candidate any right either for being selected or for being appointed. In the present case it is the categorical assertion of the 2 respondents that pursuant to Advertisement No. 1/1996 no appointment has been made because there were certain fatal discrepancies in the recommendation sent by Vidyalaya Seva Board. Mr. Subodh Kumar Jha, learned counsel for the petitioner, also does not dispute this settled position in law but he is of the view that when there has been a decision of the State Government for filling up 5% post of teachers from amongst the Clerks of Nationalized High School under Sewa Shart Niyamavali 1983 and the government letter no. 782 dated 30.07.1984 the right of the petitioner for such consideration for appointment on the post of teacher in a High School cannot be altogether taken away or curtailed. Learned Counsel for the State on the other hand has explained that on or after 1.7.2006 the post of teachers in nationalised High Schools have to be filled up Bihar Zila Parishad Madhyamik and Uchchttar Madhyamik Shikshak (Niyojan and Seva Sharta) Rules 2006 and Bihar Nagar Nikaya Madhyamik and Uchchttar (Niyojan and Seva Sharta) Rules 2006 and these posts have only fixed remuneration on which the clerks working in Nationalized Schools can be only appointed if they would possess the requisite qualification and also give consent to work on fixed salary. This Court for the time being is not required to answer the aforementioned apprehension of the learned counsel for the petitioner but taking into account that the Government itself 3 had put a rider of age for consideration of Class IV employees working in Nationalized High School for their appointment on 5% post of teachers, and that such process was also undertaken by issuance of Advertisement No. 1/1996, in terms whereof the petitioner was eligible, a direction is hereby issued to the Director Secondary Education being the concerned competent authority to consider the whole issue of filling up 5% quota of the post of teachers in nationalized high schools from amongst the eligible clerks including the petitioner, if necessary by condoling their age. The larger question as to whether the Government can altogether do away with the prescribed manner of filling up the post of teacher in nationalized High School under Seva Sarta Niyamawali, 1983 from amongst the working clerks as on 30.6.2006 is not required to be gone in this case because once the teachers in the nationalized High School have already been appointed prior to 1.7.2006 by following the procedure prescribed in Seva Sarta Niyamawali, 1983, they would constitute a class apart and since 5% quota of that strength has to be filled up from amongst the working Clerks in the Nationalized High School, the Government will have to find out the strength of teachers of Nationalized High School as on 30.6.2006 and allocate 5% thereof for the Clerks of Nationalized High School. These posts of teachers would be required to be filled up as per 2006 Rules and if the Clerks working in the High Schools would find themselves at disadvantageous position on account of fixed salary given to the teachers under 2006 Rules, they may exercise their option of 4 forgoing their claim of becoming a teacher. If however any working clerk in a nationalized high school governed by Sewa Sharta Niyavali 1983 would be willing to the appointed against 5% posts of teachers in the High School as per terms and conditions set out in aforesaid High School Teacher Appointment Rules 2006, he can be definitely accommodated on such post of teacher. The Director, Secondary Education Department being the head of the Department in consultation with State Government therefore, may take a conscious decision as with regard to manner of filling up 5% quota of teachers from amongst the working Clerks in Nationalized High School and once such a decision is taken, the case of the petitioner will also be considered with other similarly situated clerks if necessary after giving relaxation of his age and ofcourse in accordance with law. With the aforementioned observation and direction, this application is disposed of. (Mihir Kumar Jha,J.) Surendra/