IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11726 of 2009 Jawahar Prasad son of Sri Dashrath Prasad, Resident of village Bhadar, P.O. Bhadar, P.S. Sikraul, District Buxar, at present posted as Lecturer, Primary Teachers Education College, Sorhatha, District Vaishali Versus 1. The State Of Bihar 2. The Secretary, Human Resources Development Department, Government of Bihar, Patna 3. The Director, Administration cum Joint Secretary, H.R.D. Department, Govt. of Bihar, Patna 4. The Director, Primary Education, H.R.D. Department, Bihar, Patna ----------- For the petitioner :M/s Rajeev Kumar Singh, Alok Kumar & Mrityunjay Kumar, Advocates. For the State :Mr. G.P.9 02/ 08.09.2009 Heard learned counsel for the petitioner and the State. 2. Petitioner, who is Lecturer serving at Primary Teachers Training College, Sorhatha in the District Vaishali, is aggrieved by the instruction of the Director, Primary Education, Bihar, Patna, bearing Memo. No. 272 dated 31.3.2009, Annexure-1 to this application, whereunder the request of the petitioner for being confirmed as Member of the Bihar Subordinate Education Service has been refused on the ground that he has failed to pass the departmental examination conducted by the State Education Research and Training Council, Mahendru, Patna. In this connection, it is pointed out that the opinion of the Director, Primary Education, Bihar, Patna that for being confirmed in the Bihar Subordinate Education Service, the Members of 2 the said service must pass the departmental examination conducted by the State Education Research and Training Council is erroneous as in terms of the circular of the State Government, bearing No. 1607 dated 11.11.1978, the Members of the Bihar Subordinate Education Service have been declared Gazetted Officers and for Gazetted Officers, the examination which is required to be passed for being confirmed in the service is conducted by the Central Examination Committee and the petitioner has cleared the examination conducted by the Central Examination Committee, as would appear from the result contained in letter No. 14016 dated 18.12.1993, Annexure-5 and letter No. 530(4) dated 2.6.1995, Annexure-6 to this application. 3. Let the Principal Secretary, Human Resources Development Department, Government of Bihar, consider the aforesaid contention of the petitioner against the order of the Director, Primary Education dated 31.3.2009, Annexure-1 provided petitioner assails the said order by filing representation before the learned Principal Secretary of the Department, who should consider the same in accordance with law in the light of the Bihar Subordinate Education Service Appointment and Service Condition Rules as also the relevant circulars of the State Government, as early as possible, in any case 3 within two months from the date of receipt of the representation along with a certified copy of this order. 4. This writ application is, accordingly, disposed of. Arjun/ ( V.N. Sinha, J.)