IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18760 of 2008 ARJUN JHA son of Late Bharav Jha,resident of Village Manikpur P.S.Shakund,District Bhagalpur. 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 Directgor of Education, Bhagalpur. 5.The District Education Officer,Banka. 6.Shri Amar Kumar, son of Sri Mahku Mandal, At present posted as Assistant Teacher,High School Kheshar, Banka. ----------- 2 18.2.2009. Heard counsel for the petitioner and the State. Petitioner’s prayer is for quashing the order no.882 dated 26.7.2008 issued by the Regional Deputy Director of Education, Bhagalpur whereby Amar Kumar (respondent no.6) has been appointed Incharge Headmaster of High School, Kheshar,Banka on transfer of Bijay Narayan Mandal, Headmaster of the School, stating that he is senior most teacher. The order has been passed giving reference of a letter issued by the Director, Secondary Education, Bihar, Patna, which in fact has no application in the case. Counsel for the petitioner submits that the regular headmaster of the school was transferred and he handed over charge to the petitioner while leaving the school for giving joining at the transferred place. The charge was handed over to the petitioner, considering his seniority among the teachers in the school. Petitioner was appointed on 11.4.1983 and the respondent no.6 Amar Kumar was appointed on 22.11.2003. The petitioner filed his representation 2 before the Regionala Deputy Director, Bhagalpur Division, Bhagalpur for issuing an order to make him Incharge Headmaster of the school considering the seniority. Counsel for the petitioner submits that the Regional Deputy Director, instead of making petitioner as Incharge headmaster issued impugned order appointing respondent no.6 as Incharge headmaster. Petitioner represented before the Director, Secondary Education, Bihar, Patna for considering his case and cancellation of impugned order which is still pending. Considering the aforesaid fact that the petitioner has already represented his case before the appropriate authority, the Director, Secondary Education, Bihar, Patna is directed to dispose of the representation of the petitioner taking into consideration his seniority and all other relevant government circulars. Representation of the petitioner must be disposed of within four weeks from today. With the aforesaid observation this application is disposed of. Sss/- (Mridula Mishra, J)