IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16889 of 2009 1. RAM SEVAK SINGH S/O LATE MUSAFIR SINGH R/O VILL.- MOBARAKPUR, P.O. RAMPUR, P.S. BELAGANJ, DISTT.- GAYA Versus 1. THE STATE OF BIHAR, THROUGH THE PRINCIPAL SECRETARY, SECONDARY EDUCATION, HUMAN RESOURCE DEVELOPMENT DEPTT., GOVT. OF BIHAR, PATNA 2. THE PRINCIPAL SECRETARY, SECONDARY EDUCATION, HUMAN RESOURCE DEVELOPMENT DEPTT., GOVT. OF BIHAR, PATNA 3. THE DIRECTOR SECONDARY EDUCATION, HUMAN RESOURCE DEVELOPMENT DEPTT., GOVT. OF BIHAR, PATNA 4. THE REGIONAL DEPUTY DIRECTOR OF EDUCATION, GAYA DIVISION, GAYA 5. THE DISTRICT EDUCATION OFFICER, GAYA 6. SRI DEOPATI PRASAD S/O FATHER'S NAME NOT KNOWN R/O MOH.- BADKI DELHA KALYANPUR, P.O. P.S. & DISTT.- GAYA, PRESENTLY POSTED AS ASSISTANT TEACHER, JAGGULAL MEHTA HIGH SCHOOL, KUJAPI. P.O. P.S. & DISTT.- GAYA ----------- 2 31.3.2010 Heard counsel for the petitioner, the State as well as respondent no.6. The dispute, which has come before this Court relates to posting of an Incharge Headmaster in Jaggu Lal Mehta High School, Kujapi, Gaya. Petitioners as well as respondent no.6 both are claiming that they are eligible for being posted as Incharge Headmaster on account of vacancy, created due to transfer of earlier In- charge Headmaster. Admitted fact of the case is that the petitioner is physical trained teacher with post Graduate degree. On the other hand, respondent no.6 is B.A. trained teacher. 2 He claims to be senior most teacher in the school but none of them are eligible for being posted as Incharge Headmaster in the school, in terms of the amended 2005 Rules. The Rule provides that only such persons, who is eligible for being posted as Permanent Headmaster can be posted as Incharge Headmaster. In this circumstance, the claim and counter claim made by the petitioner and respondent no.6 cannot be decided here in the writ application. Accordingly, this matter is being remanded for consideration before the Director, Secondary Education, Human Resource Development Department, Government of Bihar, Patna. Counsel appearing for the State is authorized to communicate this order to the Director, Secondary Education within two weeks from today. The Director thereafter, if feels that presence of both the parties is required for passing an order, he will issue notice to them. Otherwise, he will decide himself pass an order in consonance with the Rules. The issue, must be decided by the Director within a period of four weeks from the 3 date of production/communication of the order, either by the petitioner, Respondent no.6 or the State. (Mridula Mishra,J.) A.kumar