IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15849 of 2007 Rameshwar Ojha, son of Late Sukhdeo Ojha, Resident of Village Banauli, P.S. Sursand, Dist. Sitamarhi, at present posted and working as an Assistant Teacher, in Kamala Girl’s High School, Dumra, Sitamarhi, Dist. Sitamarhi. -------- Petitioner Versus 1. The State of Bihar through Principal Secretary, Human Resources Development Department, Govt. of Bihar, Patna. 2. The Principal Secretary, Human Resources Development Department, Govt. of Bihar, Patna. 3. The Director, Secondary Education, Govt. of Bihar, Patna. 4. The Regional Deputy Director of Education, Tirhut Division, Muzaffarpur. 5. The District Education Officer, Sitamarhi. 6. The Head Master, Kamla Girls High School, Dumra, Dist. Sitamarhi. --------- Respondents ------- 3 07.12.2011 Having heard learned counsel for the parties and taking into account that the grievance of the petitioner of being either included in the gradation list of teachers for appointment on the post of Headmaster in a nationalized secondary school or being promoted on the post of Headmaster would emanate from Rule 4(Ka) of fcgkj jktdh;d`r ek/;fed fon~;ky; ¼lsok “krZ½ fu;ekoyh] 1983 providing the following minimum qualification:- ^^4¼d½ ekU;rk izkIr fdlh fo”ofo|ky; ls dyk] foKku] vFkok okf.kT; esa LukrdksRrj fMxzhA** would automatically make the petitioner disentitled to stake claim for his promotion on the post of Headmaster in a nationalized high school, inasmuch as, the petitioner 2 admittedly is not a post graduate either in the discipline of Arts, Commerce or Science. The petitioner infact is holding a degree of Acharya from Kameshwar Singh Darbhanga Sanskrit University, which he claims to be an equivalent qualification of post graduation in Arts, Science or Commerce. The Rules, however, do not contemplate recognition of any equivalent qualification and, therefore, this Court in the exercise of its power under Article 226 cannot undertake an exercise for examining as to whether Acharya qualification is an equivalent qualification of post graduate in Science, Commerce or Arts. The overemphasized reliance placed by the learned counsel for the petitioner on a Government executive instruction dated 26.6.1980 as with regard to providing the pay-scale of M.A. Trained to an Acharya degree holder can have now no relevance after framing of the statutory rules in the year 1983, namely, lsok “krZ fu;ekoyh, 1983 and specially as with regard to the petitioner’s claim for promotion on the post of Headmaster on the basis of a circular for granting M.A. Trained Scale prior to coming of the Rules in the 3 year 1983 for a nationalized High School. If there was some circular of the State Government of the year 1980 based on a decision of this Court for treating them to be equivalent to a post graduate teacher, that cannot be now made applicable after framing of the statutory Rules in 1983, inasmuch as, it is a well settled proposition of law that an executive instruction cannot supplant the statutory Rules. Reference in this connection may be made to the judgment of the Apex Court in the case of Sant Ram Sharma Vs. State of Rajasthan reported in AIR 1967 SC 1910. That being so, this application is devoid of any merit and is, accordingly, dismissed. Rsh (Mihir Kumar Jha, J.)