IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7413 of 2007 Damodar Mishra, son of late Pandit Shripati Mishra, resident of village Basuki Bihari, P.S. Madhwapur, District Madhubani, at present working as Assistant Teacher, Shree Laxmi Janta High School, Madhwapur, District Madhubani … Petitioner Versus 1. The State Of Bihar, through Commissioner and Secretary, Human Resources Development Department, New Secretariat, Patna 2. The Commissioner and Secretary, Human Resources Development Department, Govt. of Bihar, Patna 3. The Director, Secondary Education, Human Resources Development Department, Budhmarg, Patna 4. Sri Bal Ram Prasad, son of not known to petitioner, Regional Deputy Director of Educaiton, Balbhadrapur, Laheriasarai, P.O. and P.S. Laheriasarai, District Darbhanga 5. Sri Mahesh Prasad Singh, son of not known to petitioner, District Education Officer, Watson High School Campus, P.O. and P.S. Madhubani, District Madhubani 6. Sri Surendra Mishra, working as Assistant Teacher, Shree Laxmi Janta High School, Madhwapur (P.O.) District Madhubani … Respondents ---------------------------------- 2. 22.9.2011 Heard Mr. Durganand Jha, learned counsel for the petitioner and the learned counsel for the State. In this writ application the petitioner seeks a direction for being made In-charge Headmaster of Laxmi Janta High School, Madhwapur, in the District of Madhubani which is a Nationalized School under 1981 Act. Mr. Durganand Jha, learned counsel for the petitioner, has explained that respondent no.6, who was a teacher in a Project School, has been sought to be brought in the school of the petitioner, a Nationalized School, despite respondent no. 6 being not a member of the cadre of teachers of Nationalized School and on the basis of the aforementioned order dated 8.8.1997 he has been also made In-charge Headmaster though the petitioner is senior in all respect to respondent no.6. 2 In this case though a counter affidavit has been filed but there is no answer as to how respondent no.6, a teacher of Project School, was brought in the Nationalized School. In fact even respondent no.6 in the counter affidavit filed through J.C. to AAGIV does not answer this question and all that has been said therein is that respondent no.6 was a duly appointed teacher on the recommendation of the Commission. The fact that respondent no.6 is a teacher borne on the cadre of Project School has not been controverted and therefore, this Court would find no justification in the order passed by the Regional Deputy Director of Education in making him as an In-charge Headmaster in a Nationalized School. The official respondents in fact have stated in paragraph 4 of the counter affidavit that the issue raised by the petitioner as with regard to inadmissibility of respondent no.6 being made In-charge Headmaster on the basis of his being a teacher of the cadre of project School was under examination. Such counter affidavit having been filed in 2007 and there being nothing more on the record to show that any finality has been arrived at to such consideration, this Court would now direct the Director, Secondary Education, to take a final decision as with regard to making arrangement on the post of In-charge Headmaster by the senior most teacher of the school who was borne in the cadre of Nationalized High School. The Director, Secondary Education, before passing his final order would also extend an opportunity of hearing to the petitioner as also 3 respondent no.6. His final order, however, must be passed within a period of four months from the date of receipt/ production of a copy of this order and if it is found that respondent no.6 is not entitled to continue as a teacher of Nationalized High School and belongs to the cadre of Project High School, he shall be repatriated to his original cadre. With the aforementioned observation and direction, this application is disposed of. (Mihir Kumar Jha,J.) Surendra/