IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1036 of 2009 1. The State Of Bihar 2. The Commissioner-cum-Secretary, Primary, Secondary and Adult Education, Bihar, Patna 3. The Director, Primary Education, Bihar, Patna. 4. The District Magistrate-cum- Chairman, District Education Establishment Committee, Sitamarhi. 5. The District Development Commissioner, Sitamarhi. 6. The District Superintendent of Education, Sitamarhi. 7. The District Education Officer, Sitamarhi. … Respondents.. Appellants. Versus 1. Birendra Kumar Jain, son of Sri Yogendra Prasad Jain, resident of village- Banoul, via- Raipur, P. S. Nanpur, District- Sitamarhi. .. Petitioner… Respondent 1st Set. 2. Shri Ram Nath Rai son of Shri Paltan Rai, resident of village- Jainagar, P. S. Sonbarsa, District- Sitamarhi, at present Incharge Headmaster, Marwari, Middle School, Sitamarhi. … Respondent.. Respondent 2nd Set. 3. Ram Babu Sha, son of Gena Sah, resident of village & P. O. Bela Majhapakauni, P. S.- Bela, District- Sitamarhi, at present working as Incharge Headmaster, Middle School, Sitamarhi, .. Respondent.. Respondent 3rd Set. ---------- For the appellants : Mr. S. S. Mishra, Adv. For the respondent no.1. : Mr. Ganesh Pd. Singh, Sr. Adv. Mr. Pramod Kumar, Adv. ----------- 2 3. 11.02.2010 I. A. No. 5049 of 2009 This is an application for condonation of delay of 269 days. Having heard Mr. S. S. Mishra, learned counsel for the State and Mr. Ganesh Prasad Singh, learned senior counsel along with Mr. Pramod Kumar, learned counsel for the respondent no. 1, we find that sufficient cause does exist for condonation of delay and accordingly the delay in preferring the appeal is condoned. I. A. No. 5049 of 2009 stands allowed. L.P. A. No. 1036 of 2009. As we have condoned the delay in preferring the appeal, we are inclined to take up the appeal for admission. On consent of learned counsel for the parties; the appeal is finally heard at the motion stage. In this intra-court appeal, the assail is to the order dated 19.9.2008 passed by learned single Judge in CWJC No. 446 of 2005 whereby the learned single Judge has directed the respondent, particularly the respondent no. 4, the District Magistrate-cum-Chairman, District Education Establishment Committee, Sitamarhi to appoint a regular Headmaster in Marwari Middle School, 3 Sitamarhi within a period of two months from the date of receipt of the order passed by him. It is submitted by Mr. S. S. Mishra, learned counsel for the State that the District Magistrate should not have been directed to appoint a regular Headmaster solely because he is the Chairman of the District Education Establishment Committee. Mr. Ganesh Prasad Singh, learned Senior counsel for respondent no. 1 has submitted that there has to be a Headmaster in the school and the competent authority be directed to fill up the post. In view of the aforesaid submissions, we modify the order of the learned single Judge and direct that the Commissioner-cum-Secretary, the appellant no. 2 herein, shall see to it that the post of Headmaster in Marwari Middle School, Sitamarhi is filled up as per the norms and rules in vogue within a period of two months from the date of receipt of the order passed today. With the aforementioned direction, this appeal stands disposed of and the order passed by learned single Judge is modified to the extent indicated hereinabove. Let a free copy of this order be handed over to 4 Mr. S. S. Mishra, learned counsel for the State. kanchan (Dipak Misra, CJ.) (Mihir Kumar Jha, J.)