IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10760 of 2009 UMESHWAR PRASAD SINGH, Son of Shri Krishna Singh, resident of village – Walipur, P.S. – Piparia, District – Lakhisarai. ….. Petitioner. Versus 1. THE STATE OF BIHAR through the Secretary, Scheduled Caste and Scheduled Tribe Welfare, Patna. 2. Director, Scheduled Caste and Scheduled Tribe, Welfare, Patna. 3. Deputy Director, Welfare, Magadh Division, Gaya. 4. District Welfare Officer, Gaya. ….. Respondents. For the Petitioner : - Mrs. M. Chatterjee, Advocate For the State : - Mr. Sunil Kumar Mandal, S.C. 15 Mr. Arjun Prasad, A.C. to S.C. 15. ----------- 02/ 12.10.2009 Heard counsel for the petitioner and counsel appearing for the State. Petitioner had initially filed this writ application for quashing the office order dated 22.7.2009 contained in Memo No. 3063 issued by the Director, Scheduled Caste and Scheduled Tribe Welfare, Patna, whereby, a general direction was issued to all such physical trained teachers working as Incharge Headmaster to hand over the charge immediately to the Subject teachers in the schools under the jurisdiction of Scheduled Caste and Scheduled Tribe Welfare. The Director Welfare and the District Welfare Officers by the impugned letter were directed to submit compliance report after implementing it within 24 hours. Petitioner’s grievance is that being senior to other teachers working in the Ambedkar Residential High - 2 - School, Motihani, Gaya. Teacher, he has been asked to be hand over charge of in-charge Headmaster to such teacher, who is 9 years junior to him in seniority. In compliance of this general direction issued by the respondent no. 2, the petitioner had to hand over the charge to one Sudhir Prasad, who is an Assistant teacher and next in seniority among other Assistant teachers. The petitioner has prayed for quashing the impugned order dated 22.7.2009 contained in Memo No. 3063 issued by the Director, Secondary Education, Govt. of Bihar. The issue relating to discharge of duties by physical trained teacher as Incharge Headmaster of the High School was being considered by this Court in C.W.J.C. No. 12374 of 2009. The matter was remitted back to the Director, Secondary Education for finally settling this issue. Director while deciding this issue has come out with an order dated. 24.4.2009 (Annexure-4). By this order it has been held that the seniority list of teachers working in High Schools, including physical trained teachers was prepared by departmental letter no. 6066 dated 22.11.1986. A combined seniority list was prepared in which names of physical trained teachers as well as teachers trained in general subjects were included. The seniority list - 3 - prepared in 1986 is still in existence and being retained in the offices of all Regional Deputy Directors. Unless that seniority list is amended, excluding the names of physical trained teachers from that list, government direction issued in the year, 2008 that physical trained teachers cannot be made Incharge Headmaster of the high schools, cannot be considered as legal. Physical trained teachers, whose names are there in the seniority list, will be treated senior and eligible for discharging the duties of Incharge Headmaster. They are eligible for discharging duties of in-charge headmasters in the concerned schools, where they are working. Since the issue has already been settled by the order dated 24.4.2009 passed by the Director, Secondary Education contained in Memo No. 164, the relief which has been prayed by the petitioner for quashing the order dated 22.7.2009 contained in Memo No. 3063 has merit. Accordingly, the order dated 22.7.2009 (Annexure-5) is quashed. I.A. No. 6393 of 2009 has been filed by the petitioner to bring some development, which has taken place during the pendency of this writ application. Petitioner vide Memo No. 3888 dated 9.9.2009, has been transferred from Gaya to Govt. - 4 - O.B.C. Residential Girls High School, Saharsa. Petitioner has been relieved from the earlier school to give his joining to the transferred school vide order contained in Memo No. 1051 dated 16.9.2009. He has joined there on 24.9.2009. In this school also the petitioner has been asked to give his joining under Incharge Headmaster, who is 9 years junior to the petitioner. In the light of the order passed by the Director, Secondary Education (Annexure -4), the petitioner is eligible to discharge the duties of Incharge Headmaster in the transferred school. Liberty is given to the petitioner to represent his case before the Director for consideration of his case in the light of the order passed by the Director, Secondary Education dated 24.4.2009 (Annexure-4). The representation of the petitioner be considered and decided by the Director within three weeks of its filing and consequential orders be issued. DKS/ (Mridula Mishra, J.)