IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9184 of 2009 TEJ NARAYAN JHA, SON OF LATE KUKHRAM JHA, RESIDENT OF VILLAGE-BARA, P.S. KHODABANPUR, DISTRICT-BEGUSARAI …… ……….. ……PETITIONER. Versus 1. THE STATE OF BIHAR 2. District Superintendent of Education, Begusarai. 3. Block Education Officer, Khodabanpur, District-Begusarai. 4. Tej Narayan Ray, son of late Dorik Ray, At present-Teacher in Middle School, Begampur, District-Begusarai, resident of village-Mohanpur, P.S. Khodawanpur, District-Begusarai. ……………… ………. Respondents. ----------- 2. 13.08.2009 Heard the counsel for the petitioner and the counsel appearing for the state. Petitioner’s grievance is that though he is senior most teacher in the school and was earlier discharging duties of in- charge, Headmaster. Now, ignoring his seniority, respondent No. 4 has been made in-charge by respondent No. 2 by order dated 04.07.2009. The statement made in paragraph-7 of the writ application indicated that the petitioner himself filed a petition before the Area Officer, Cheriya, Bariarpur and requested to accept his joining in its office for the reason that on 20.07.2009, some anti-social elements entered into the school premises, threatened the teachers, ousted the students from the school. On account of this situation, the petitioner and as stated, other teachers, became apprehensive so far petitioner is concerned; he has given his joining in the office of respondent No. 2. I find that there is no reason to interfere with the - 2 - impugned order when the petitioner himself requested to accept his joining in the Head office. Since the petitioner has joined in the head office, in order to look after functioning of the school, it was necessary that some one be authorized to discharge the duty of in-charge, Headmaster of the school and accordingly, the respondent No. 4 who is next man to the petitioner was authorized to discharge the duty of in-charge, headmaster of the said school since in the present prevailing situation, the petitioner is not discharging duty in the said school, impugned order has been issued, which needs no interference. Counsel for the petitioner submits that he may be directed to be transferred the petitioner to any other school. In case the petitioner represents his case before the concerned authority for transfer to any other school. it should be considered and disposed of preferably within four weeks from the date of filing of such representation. akv/ (Mridula Mishra, J.)