IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3893 of 2004 SAMAJ KALYAN SAMITI THROUGH ITS SECRETARY NAMELY JASIMUDDIN RAHMANI SON OF LATE MD. TAMIJUDDIN, RESIDENT OF WARD NO.20, P.O. + P.S.- SUPAUL, DISTRICT-SUPAUL…………………..PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, DEPARTMENT OF EDUCATION, BIHAR, PATNA. 2. THE DIRECTOR, SECONDARY EDUCATION, BIHAR, PATNA. 3. THE COMMISSIONER, KOSHI DIVISION, SAHARSA. 4. THE REGIONAL DEPUTY DIRECTOR OF EDUCATION, KOSHI DIVISION, SAHARSA. 5. THE DISTRICT MAGISTRATE, SUPAUL. 6. THE DISTRICT EDUCATION OFFICER, SAHARSA. 7. THE DISTRICT ACCOUNTS OFFICER, SAHARSA. 8. THE DISTRICT EDUCATION OFFICER, SUPAUL. 9. THE HEADMASTER TEJENDRA HIGH SCHOOL, BARUARI, DISTRICT-SUPAUL. 10. JIVENDRA NARAYAN SINGH SON OF BHIM NARAYAN SINGH, RESIDENT OF VILLAGE- PANCHGACHIA, P.S.-VIHRA, DISTRICT-SAHARSA. …………………………………………………..RESPONDENTS. ----------- For the Petitioner : Mr. Amrit Abhijat, Advocate. For the State : M/s. A. Amanullah, G.A.-IV and M.K. Pathak, A.C. to G.A.-IV. ----------- 2/ 01-03-2011 Heard Learned counsel for the petitioner and learned A.C. to G.A. 4. 2. The present writ petition has been filed by the petitioner for the reliefs delineated in paragraph-1 of the writ petition, which are being quoted herein below:- (i) “To issue a writ in the nature of mandamus commanding and directing the Respondents to take appropriate action within a limited 2 time frame ( including recovery of amount as well as appropriate action of departmental as well as legal) in view of A-4 after conducting enquiry against the Respondent No.10 who took charge as incharge Headmaster in Tejendra High School on 31.1.87 but thereafter represented before the official respondent by filing a representation on 25.2.94 before R.D.D.E., Saharsa that he was Incharge Headmaster of the School prior to date of take over, i.e., 2.10.1980 and got succeeded in getting a letter issued by Official Respondents that he was Incharge Headmaster on the date of take over of Tejendra High School, Baruari and got issued a letter of promotion/posting as Headmaster in the year 1994-95 with effect from the date of take over. (ii) Any other writ/writs, Direction/Directions, order/orders which this Hon’ble Court deems fit and proper in the facts and the circumstances of the case may also be granted.” 3. Learned counsel for the petitioner submits that Respondent No.10 was illegally granted promotion on the post of Headmaster of a High School in violation of 3 relevant Rules and, therefore, the matter is required to be properly inquired into by the competent authority. 4. A counter affidavit has been filed on behalf of Respondent No.4 and 8, wherein allegations made in the petition have been denied. However, in view of the fact that there are affidavits and counter affidavits with respect to the allegation against Respondent No.10 for his promotion to the post of Headmaster, the factual position is required to be ascertained by a competent authority of the Respondent-State and unless and until the factual position is ascertained, this Court shall not be in a position to issue a writ sought for in the present proceeding. 5. For the reasons recorded above, the petitioner is granted liberty to file a detailed representation before Respondent No.2, Director, Secondary Education, Bihar, Patna, within a period of four weeks from today. If such a representation is filed within the time prescribed by this Court with a certified copy of the present order, Respondent No.2 shall be obliged to dispose of the same in accordance with law after giving an opportunity of hearing to all concerned by speaking order within a period of four months from the date of filing of such representation. 6. It goes without saying that if no representation is filed within a period prescribed by this 4 Court before Respondent No.2, then it shall be construed that the present writ petition has finally been rejected by this Court. 7. With the aforesaid observations/directions, this writ petition is disposed of. No costs. BTiwary/ ( Birendra Prasad Verma, J.)