IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.394 of 2010 ARJUN JHA S/O LATE BHARAV JHA R/O VILL.- MANIKPUR, P.S. SHAKUND, DISTT.- BHAGALPUR. -----------Petitioner/Appellant. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY DEPARTMENT OF HUMAN RESOURCES, GOVT. OF BIHAR, PATNA 2. THE SECRETARY DEPARTMENT OF HUMAN RESOURCES, GOVT. OF BIHAR, PATNA 3. THE DIRECTOR DEPARTMENT OF HIGHER EDUCATION, BIHAR, PATNA 4. THE REGIONAL DEPUTY DIRECTOR OF EDUCATION BHAGALPUR 5. THE DISTRICT EDUCATION OFFICER BANKA 6. SHRI AMAR KUMAR S/O SRI MAHKU MANDAL AT PRESENT POSTED AS ASSISTANT TEACHER, HIGH SCHOOL KHASHAR, BANKA ------------Respondents/Respondents. ----------- 2 21-04-2010 Being dissatisfied with the order dated 4.2.2010 passed by the learned Single Judge in C.W.J.C. No.14572 of 2009, whereby he has up held the order passed by the Director, Secondary Education, Bihar Patna, wherein respondent no.6 had been allowed by the said authority to function as Incharge Headmaster on the ground that he was trained. It is not disputed that the appellant is not trained. In view of aforesaid, we are not inclined to interfere. However, it is directed that the State 2 Government shall fill-up the post of Headmaster of High School, Khashar in the district of Banka within three months hence. Be it clarified, if the respondents do not fill-up the post they shall be liable for contempt of this Court. With the aforesaid direction this application stands disposed of. A free copy of the order be handed over to Mr. Santosh Kumar Singh, learned counsel for the State so that he can do needful in the matter. (Dipak Misra, C.J.) Abhay Kumar ( Mihir Kumar Jha, J.)