IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10740 of 2002 SMT. RITA KUMARI, wife of Shri Bijay Kumar, Headmistress, Project Lakhan Devi Mathura Girls High School Sirdala, P.S. Sirdala, District Nawadah … Petitioner Versus 1. THE STATE OF BIHAR 2. The Secretary, Secondary Education Govt. of Bihar, New Secretariat, Patna 3. The Director, Secondary Education Govt. of Bihar, Budh Marg, Patna … Respondents ----------- 3. 25.6.2010 Heard counsel for the petitioner and the counsel for the State. The prayer of the petitioner in this writ application reads as follows: “This is an application for issuance of appropriate writ(s)/ direction (s) commanding the respondents to approve/ recognize the services of the petitioner as Biology teacher in Project Lakhan Devi Mathura Girls High School Sirdala, P.S. Sirdala, District Nawadah (hereinafter referred to as the “School”) and to pay arrears as well as current salary to the petitioner w.e.f. the date of selection/ taking over of the school under the Project Scheme or w.e.f. 1.1.1989 from which date other similarly circumstances teachers have been paid their salary and also for grant of all other consequential reliefs/ benefits for which the petitioner 2 is found entitled to.” With reference to the aforementioned prayer counsel for the petitioner has submitted that though the school of the petitioner was already included in the third phase of Project School, a final decision with regard to take over of the services of the teachers is still pending before an Enquiry Committee for the Project School appointed by the Supreme Court in terms of the judgment in the case of State of Bihar & ors. vs. Project Uchcha Vidyalaya Sikshak Sangh & ors.,reported in 2006(1) PLJR 483 (S.C.). In this context he would also place reliance on letter No. 521 dated 21.6.2006 wherein the Regional Deputy Director of Education, Gaya had also submitted a compact report with regard to the school of the petitioner in question showing therein that the petitioner was also working as a teacher of the same school and in fact was discharging the duty of Headmistress of the Project Lakhan Devi Mathura Girls High School, Sirdala, Nawadah as an In-charge of the post. Counsel for the State, however, has 3 no instruction and in fact counter affidavit has also not been filed during the last eight years while this writ application had remained pending. This is nothing uncommon to this Court, inasmuch as not filing of the counter affidavit by the official respondent of the State of Bihar has now virtually a practice of the day. Be that as it may, since the matter is still under consideration of the Committee constituted by the Supreme Court, this Court would only direct the Director, Secondary Education, to get the matter expedited so that a final decision with regard to the school in question of the petitioner as also the service condition of the petitioner is taken expeditiously but not later than six months from the date of receipt/ production of a copy of this order. With the aforementioned observation and direction, this application is disposed of. (Mihir Kumar Jha,J.) Surendra/ 4