IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1665 of 2011 Ram Pravesh Sharma, son of Late Raghuvansh Sharma, village Karauta, PS Paras Bigha, Dist. Jehanabad, presently Incharge Headmaster of Middle School, Shakurabad, District Jehanabad – Petitioner. Versus The State Of Bihar through the Commissioner, Incharge of Primary Education, Government of Bihar, Patna and others – Opp;. Parties. ----------- 3 13.7.2011 This application has been filed for restoration of MJC No. 639 of 2011 which was dismissed for non-appearance of counsel for the petitioner. For the reasons stated therein both the restoration applications are allowed and CWJC No. 9925 of 1995 on being restored to its original file, is being disposed of on merits by this order. The aforesaid writ petition had been filed claiming that the petitioner who has acquired the qualification of a headmaster ought to be considered for the post and promoted to it. The question regarding promotion to the post of a headmaster would depend on the seniority of the petitioner in the gradation list, the vacancy at the time when he was to be considered for promotion and his qualifications. These aspects of the matter have to be considered after the final gradation list is prepared and the concerned authorities i.e. the Director, Primary Education, Bihar, Patna takes up the matter for grant of promotion to the post of headmasters as per their seniority and qualifications. The petitioner is at liberty to agitate this matter before 2 the Director, Primary Education, Bihar who will pass appropriate orders on examining the facts of the petitioner’s case. While examining the facts relating to promotion, the Director may take the help of the District Superintendent of Education, Jehanabad or any District Superintendent of Education under whom the petitioner was posted as an Assistant teacher. This application is disposed of with the aforesaid observations. haque ( Sheema Ali Khan, J.)