IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1848 of 2007 1. Ram Prasad Ram, son of Sri Dashrath Ram, resident of village & P.O. Banaila, P.S. Sheosagar, District Rohtas 2. Rajeshwar Ram, son of late Doma Ram, resident of village Murhi, P.O. Dariagaon, P.S. Sasaram Town, District Rohtas 3. Ram Awadhesh Ram, son of late Sheo Bachan Paswan, resident of village Torani, P.O. Torani Lehra, P.S. Karagahar, District Rohtas 4. Vijay Kumar Ram, son of late Ram Ekbal Ram, resident of village & P.O. Chanduakaithi, P.S. Chenari, District Rohtas … Petitioners Versus 1. The State Of Bihar 2. The Secretary, Secondary Education, Human Resources Development Department, Govt. of Bihar, Patna 3. The Deputy Secretary, Human Resources Development Department, Govt. of Bihar, Patna 4. The Director, Secondary Education, Govt. of Bihar, Patna 5. The Divisional Establishment Committee through the Commissioner, Patna Division, Patna 6. The Regional Deputy Director of Education, Patna Division, Patna 7. The District Education Officer, Rohtas at Sasaram … Respondents ----------- 2. 29.7.2011 Having heard counsel for the parties and taking into account that the cadre of Physical Training Instructor (Assistant Teacher of Physical Education) in the High Schools have a separate cadre, they would not qualify for promotion on the post of Principal/ Headmaster in High Schools, especially when 1983 Cadre Rules clearly lays down that for promotion on the post of 2 Headmaster/ Principal one apart from being graduate must have undergone teachers training course. Admittedly the petitioners being P.T.I. had not undergone the teachers training course and their qualification, therefore, by itself would deprive them from being considered for promotion on the post of Principal/ Headmaster in the High Schools, especially when their cadre also is separate. The submission of the learned counsel for the petitioners that since the petitioners were given selection grade pay scale, they cannot be deprived promotion on the post of Headmaster is only to be noted for its being rejected. The concept of selection grade came in view of the recommendation made by the 4th Pay Revision Committee which had envisaged that in every cadre there would be basic post as also selection grade post of Junior Selection Grade, Senior Selection Grade and Super Time Scale. Therefore, if the petitioners holding the post of P.T.I. were given selection grade post in their own cadre that would not mean that they will also qualify for the 3 post of Headmaster/ Principal. The further reliance placed by the learned counsel for the petitioners on a letter 24.11.1986 of the Director of Secondary Education is also wholly misplaced, inasmuch as the same by way of a clarificatory instruction has not taken note of the statutory rules namely Sewa Shart Niyamavali framed in the year 1983. In any event the Director, Secondary Education, was not competent to issue an order overrising 1983 Seva Sharta Niyamawali framed under section 15 of Bihar Non-Governmental Secondary Schools Takeover Act, 1981. It has to be also noted that the order passed by the Division Bench in the case of Kumar Kant Choudhary vs. District Education Officer, Darbhanga & ors., reported in 1979 BBCJ 184 relied by learned Counsel for the petitioner was rendered on 2.1.1979 when such statutory Rules was not in force. The Rules came into force only on 9.6.1983 and was also amended from time to time including in the year 2005. Under the statutory Rules there has been a provision for the Headmaster to be not only Post 4 Graduate but also having undergone regular teachers training course. The judgment of the Division Bench in the case of Kumar Kant Choudhary (supra) being of a period when such statutory Rules was not in force thus can not be now made applicable and in fact to that extent the Director, Secondary Education in his letter dated 24.11.1986 has committed an apparent error in relying on the aforementioned Division Bench Judgment in the case of Kumar Kant Chaudhary (supra) and making the same the basis for issuing a clarification that even physical trained teachers would be entitled for promotion on the post of Headmaster. As noted above, after statutory Rules came into force in the year 1983 there being a separate cadre for different Assistant teachers on the subject with the qualification laid down for the Assistant Teachers to possess the teachers training course and the cadre of P.T.Is./ Assistant Teachers (physical training) being separate who have never undergone teachers training course prescribed under 1983 Rules, they would not be entitled for promotion on the 5 post of Headmaster/ Principal in the High Schools. That being so, this application is wholly misconceived and is, accordingly, dismissed. (Mihir Kumar Jha,J.) Surendra/