IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6767 of 2010 1. GURUDEO MAHTO S/O LATE HARI MAHTO R/O VILL SAMYAGARH, P.S. GHOSWARI, DISTT-PATNA---------PETITIONER Versus 1. THE STATE OF BIHAR 2. THE DIRECTOR PRIMARY EDUCATION BIHAR, PATNA 3. THE DISTRICT MAGISTRATE NALANDA 4. THE DISTRICT SUPERINTENDENT OF EDUCATION NALANDA 5. THE AREA EDUCATION OFFICER ASTHAMA, DISTT-NALANDA 6. THE BLOCK EXTENSION EDUCATION OFFICER(B.E.E.O.) SARMERA, P.S.SARMERA, DISTT-NALANDA 7. THE HEAD MASTER, MIDDLE SCHOOL KAJICHAK, P.S.SARMERA, DISTT-NALANDA---------------RESPONDENTS. ----------- 2 18.1.2011 Heard learned counsel for the parties. The Court has difficulty to give any direction in favour of the petitioner for granting him B.A. trained pay scale since the date of his passing B.A. examination i.e. from the year 1977 in the light of protracted litigation with regard to correction in the gradation list of B.A. trained teachers belonging to the Arts and Science field. It may be noticed that Division Bench rendered a decision in the case of Naresh Jha & others vrs. The State of Bihar reported in 1994 (2) PLJR 348 which laid down a law on the question of joint cadre of Science and Arts teachers. The matter did not attain finality because the correctness of the said decision became a subject matter of further consideration by a Full Bench in a batch of LPAs. The decision rendered by the Full Bench in the case of Ram Nath Pd. Singh vrs. The State of Bihar & others along with other analogous cases is now reported in 2009 (3) PLJR 384. Paragraph 9 of the said decision is reproduced herein below for ready reference. “In the light of the above, we are of - 2 - the view that a fresh seniority list has to be prepared in accordance with the Promotion Rules, 1993 and the joint seniority list prepared in accordance with the directions of the Division Bench in Naresh Jha’s case (supra) and the draft Rules created in 2006 subject to the approval of this Court with regard to promotions cannot be acted upon. We direct the Government to prepare a fresh list and make consequential promotions and transfers according to law. No separate orders are necessary. In view of the interim order of status quo granted, promotions were not made for the last 10 years. In the above circumstances, we direct the Government to make separate seniority lists for promotion to Grade-4 for Arts and Science teachers afresh and thereafter to prepare a consolidated list for promotion as expeditiously as possible. The draft list should be published within three months from the date of receipt of a copy of this judgment and the final seniority list shall be thereafter published and promotions and transfers made in accordance with law. “ What has been decided therein has lead to a follow up direction by way of a circular issued by the State on 4.1.2010 as contained in annexure-A to the counter affidavit. The petitioner will have to wait for the completion of the exercise and no separate order can be passed in his favour at this stage. However once exercise is completed the consequence will flow. If the exercise is not favour of the petitioner he has remedy under the law. This writ application is disposed of with the above observation. RPS (Ajay Kumar Tripathi,J.)