IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13198 of 2009 MADAN SAH, Son of Sri Nageshwar Sah, resident of Village-Sukhrauli, P.S.-Piro, District-Bhojpur, presently working as Assistant Teacher, Nihal Pandey High School, Sikraul, Bhojpur. ……..Petitioner. Versus 1. The State of Bihar through Panchayat Secretary, Human Resources Development Department, Government of Bihar, Patna. 2. The Director of Secondary Education, Human Resources Development Department, Government of Bihar, Patna. 3. The Regional Deputy Director, Education, Patna. 4. The District Education Officer, Bhojpur at Ara. 5. Ram Dayal Singh father’s name not known, presently working as In-charge of Nihal Pandey High School, Sikraul, Bhojpur. ………..Respondents. ----------- For the petitioner: None. For the State: Mr. Shambhu Nath, AC to GP-X. 2/ 04.01.2010 The petitioner has prayed for a direction to the respondents to appoint him as In-charge Headmaster of Nihal Pandey High School, Sikraul, Bhojpur and also for a direction to respondent No. 5 to hand over charge of In-charge Headmaster of the concerned school to the petitioner. Petitioner is claiming to be the seniormost teacher in the school. The issue which is involved relates to inter-se seniority and eligibility for the post, which can be considered and decided by the authorities in the department. Accordingly, this application is being disposed of, issuing direction to the Director of Secondary Education, Human Resources Development Department, Government of Bihar, Patna, to decide the issue. Petitioner will file his representation before respondent No. 2 within two weeks from today. In case of filing such representation notices will be issued to the petitioner 2 as well as respondent No. 5. Fixing a date for hearing, after hearing the parties order will be passed by respondent No. 2 relating to In-charge Headmaster of Nihal Pandey High School, Sikraul, Bhojpur, whosoever is eligible as per the rules and in seniority should be In-charge Headmaster of the concerned school. Such orders must be passed by respondent No. 2 within three weeks from the date of filing of the representation by the petitioner, along with the order of this Court. Sanjeet/ (Mridula Mishra, J. )