IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1084 of 2007 SMT.PRATIMA KUMARI Versus THE STATE OF BIHAR & ORS ----------- For the appellant : Mr. Shivendra Kishore, Advocate For the respondents : Mr.Lalit Kishore, Addl.Advocate General-III ------ P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ------ Dated, the 17th July, 2008. We wanted the counsel for the appellant to show us from the record of the case, the date on which the post of Head- Mistress of Model Inter Level High School, Samastipur became vacant. The counsel submitted that the entire record does not disclose that date. However, he submitted that according to the oral instructions received by him, the post of Head Mistress, Model Inter High School, Samastipur fell vacant on 31st of July, 2006. For want of any pleading to this effect either in writ petition or appeal, we find it difficult to act on such statement. 2. Moreover, three things were required to be shown by the appellant in the writ petition, namely; (i) the date on which the post of Head Mistress, Model Inter Level High school, Samastipur - 2 - became vacant; (ii) the period prescribed for an option for posting by an eligible person and (iii) the date on which the appellant and the respondent no.4 applied for their choice posting. In the absence of averment with regard to aforenoticed facts, rule 12 of the Bihar Nationalised Secondary School Condition of service,1982 as amended by the Bihar Nationalised Secondary School condition of Service (Amendment) Rules 2006 shall not be operable in the present case. 3. Seen thus, the appellant has no case. Appeal is dismissed in limine. R.M. Lodha, CJ Kishore K. Mandal, J. sunil