IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2256 of 2009 SMT.ABHA KUMARI Versus THE STATE OF BIHAR & ORS ----------- 2. 17.2.2009 Heard Mr. Kishore Kumar Thakur, learned counsel for the petitioner and the learned counsel for the State. In this case a dispute on the post of Acting Headmaster of Janta High School, Panapur Dharampur, Vaishali has been created only because the Director of Secondary Education does not find time to take into account his earlier decision. It has been brought on record by the petitioner through a supplementary affidavit that the Director of Secondary Education by his letter no. 5379 dated 7th July, 2008 had issued a direction to all the Regional Deputy Director of Education that the teachers having qualification of physical training, Acharya and Fazil, if they had not undergone and completed teachers training course will not be entitled for holding the post of Headmaster/ Acting Headmaster. Pursuant to the said policy private respondent no.5, who in terms of the aforesaid circular of the 2 Director, Secondary Education, bearing in his letter no. 5379 of 7th July, 2008 did not possess for qualification of Headmaster/ Acting Headmaster was removed and replaced by the petitioner under an order of R.D.D.E., Muzaffarpur dated 19.1.2009 but that has been reversed by then Director Secondary Education by the impugned order dated 5th February, 2009 again restoring respondent no.5 as an Acting Headmaster even without notice and/or opportunity of hearing to the petitioner. Prima facie there appears to be some communication gap between the office of the Director, Secondary Education and the R.D.D.E., Muzaffarpur. As a matter of fact if the two authorities are finding two different persons eligible under same rules, there is something inherently defective in the system. That being so, this Court would call upon the Director of Secondary Education to look into the matter once again strictly from the view point of his earlier letter no. 5379 dated 7th July, 2008 and pass 3 a speaking order after giving opportunity of hearing to the petitioner. Such a decision by a speaking order on a representation of the petitioner must be taken by the Director of Secondary Education within a period of one week from the date of receipt/ production of a copy of this order so that the petitioner in the event of her being found entitled to work as Acting headmistress as was she earlier found by the R.D.D.E., Muzaffarpur, is not subjected to any humiliation of working under a junior after the retirement of respondent no.5. It is, however, made clear that this Court has not expressed any opinion on the merits of the claim of the petitioner and therefore, it will be for the Director to decide the issue strictly in accordance with law. Such arrangement on the post of Acting Headmaster either by the petitioner or anyone will not continue for an indefinite period and therefore, the Director of Secondary Education is also directed to make permanent arrangement on 4 Surendra/ the post of Headmaster in the school in question. With the aforementioned observation and direction, this application is disposed of. Let a copy of this order be given to S.C.I. (Mihir Kumar Jha,J.)