IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17828 of 2010 Sunaina Devi, wife of Late Mahendra Prasad Singh, village Chanre, PO Awagil District Sheikhpura – petitioner. Vs. 1) The State of Bihar through the Commissioner cum Secretary, Secondary Education, Bihar, Patna. 2) The Director, Secondary Education, Bihar, Patna. 3) The Dist. Magistrate, Lakhisarai. 4) The Dist. Education Officer, Lakhisarai. 5) The Headmaster, Rajkiya High School, Hasanpur, Dist. Lakhisarai. 6) Vidyalaya Seva Board, Patna through its Secretary, Biscomaun Tower, West Gandhi Maidan, Patna – Respondents. 2 23.2.2011 The petitioner who is wife of Late Mahendra Prasad Singh has challenged the order contained in Annexure 1 passed by the Principal Secretary, Human Resources Development Department, Bihar. Annexure 1 has been passed in compliance with the order of this court passed in CWJC No. 12575/2001. The petitioner’s husband was petitioner no.2 in the aforesaid writ petition. The case of the petitioner for consideration of regularization as an Assistant teacher in a ‘taken over’ school has been rejected on the ground that her husband died before a decision could be taken by the Secretary of the Department on 16.8.2010. This court finds that in fact the respondent concerned has not applied his mind to the case of the petitioner on the ground that he was dead on the date on which consideration was made by the Principal Secretary of the department. It is clarified here that this court has specifically stated that the case of petitioners 1 and 2 of CWJC No. 12575/2001 is rejected on the ground that they did 2 not have due qualification on the date on which they were appointed, whereas the case of petitioner no.3 of the aforesaid writ petition (CWJC No. 12575 of 2001) was rejected by the authorities on the ground that there was no post of Physical teacher sanctioned by the State Government. The petitioner’s husband as per Annexure 5 is Assistant teacher in English. It has been submitted that he was never appointed as a Physical teacher in the school and, therefore, the case of Late Mahendra Pd. Singh ought to be considered by respondent no.1. This court comes to the conclusion that non- consideration of case of Late Sri Mahendra Pd. Singh on the ground that he died by the time the order impugned could be passed, would not debar him from being considered as similarly situated persons whose case was rejected have been granted the benefit on the cut off date by the impugned order. If it is found by respondent no.1 that Late Sri Mahendra Pd. Singh had the required qualification on the date of take over, he would be entitled to be considered for regularization of his service and payment since the date of take over of the school till the date on which he died. This writ petition is thus disposed of with a direction that the Principal Secretary, Human Resources Development Department, Bihar, Patna should consider the case of the petitioner in the light of the observations aforesaid within three months. haque ( Sheema Ali Khan, J.)