IN THE HIGH COURT OF JUDICATURE AT PATNA LP A No.1862 of 2010 Kumari Pramod Sharma D/O Shri Ganesh Sharma R/O Vill.- Dharmagatpur Bathua Via Dighra, P.S.- Pusa, Distt.- Samastipur. Versus 1. The State Of Bihar 2. The Commissioner Cum Secretary, Department of Primary Education, Government of Bihar, Patna. 3. The Director, Primary Education, Government of Bihar, Patna. 4. The Regional Deputy Director of Education, Darbhanga Division, Darbhanga. 5. The District Education Establishment Committee through the District Magistrate, Samastipur ----------- 2 03.08.2011 The learned counsel for the appellant press this appeal only to challenge the second para of the judgment by which the learned Single Judge has observed that the case of the petitioner shall be decided in terms of the decision in S.L.P. filed against the judgment of Nand Kishor Ojha’s case. Sri Nand Kishore Ojha was of untrained teacher while the petitioner has made categorical statement in para 3 of the writ petition that the petitioner passed the matriculation in 1982 and the teachers training examination from the Government Teachers’ Training College, Pusa in the district of Samastipur, in the sessions 1983-85 and the result was declared in the month of December, 1986. Then the petitioner applied for appointment and was appointed as Assistant 2 Teacher in Basic School in the year 1986. Thus, the second para of the judgments suffers from factual inadequacy and cannot be sustained. Accordingly, the appeal is allowed to the extent that the second part of the judgment is set aside and the respondents are directed to consider the case of the petitioner in the light of the judgment passed by this Court in C.W.J.C. No.7248 of 1996 (Smt. Veena Sharma Vs. The State of Bihar & ors.) decided on 03.04.1998. Appeal is disposed of. PN (Prakash Chandra Verma, J.) (Aditya Kumar Trivedi, J.)