IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1620 of 2011 In Civil Writ Jurisdiction Case No. 1086 of 2011 ====================================================== Sanjay Kumar, Son of Sri Deep Narayan Yadav, Resident of Village and Post Office Sukhshan, Via - Gwalpara, Police Station - Murliganj, District – Madhepura. ....Petitioner .... Appellant Versus 1. The State of Bihar. 2. The Principal Secretary, Human Resources Development Department, Bihar, Patna. 3. The District Magistrate, Katihar. 4. The District Superintendent of Education, Katihar. 5. The Block Education Extension Officer, Falka, Katihar. 6. The Block Development Officer, Falka, Katihar. 7. The Area Education Officer, Barari, Katihar. 8. The Mukhiya, Gram Panchayat Raj, Govindpur, Falka Block, District – Katihar. 9. The Panchayat Sachiv, Raj Govindpur, Falka, District – Katihar. 10. Shailendra Kumar Sarovar @ Shailendra Mandal Son of Late Bhagwali Mandal, Resident of Village Bairiya, Police Station- Tikapatti, District – Purnea. .... Respondents .... Respondents ====================================================== Appearance : For the Appellant/s : M/s Nand Lal Nr. Singh and Madhuri Lata, Advocates For the Respondent/s : Mr. Ravindra Kumar Choubey, S.C.-8 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 3 14-11-2011 Feeling aggrieved by the judgment and order dated 1st August 2011 passed by the learned single Judge in above CWJC No.1086 of 2011, the writ petitioner has preferred this Appeal under Clause 10 of the Letters Patent. The matter at dispute is giving over the charge of the post of In-charge Headmaster of the Primary School, Manjhadira, Block Falka, District Katihar. By order dated 13th December 2010 Patna High Court LPA No.1620 of 2011 (3) dt.14-11-2011 2 / 2 2 made by the Block Education Officer, Falka, District Katihar under the instructions of the District Superintendent of Education, Katihar, the appellant had been called upon to hand over the charge to the post of Headmaster to the respondent no.10. The instruction was reiterated by the District Superintendent of Education, Katihar on 4th January 2011. The challenge to the said orders before the learned single Judge has failed. Therefore, the present Appeal. Learned Advocate Mr. Nand Lal Nr. Singh has appeared for the appellant. He has submitted that neither the District Superintendent of Education nor the Block Education Officer has power or the authority to appoint the Headmaster of a Primary School. This contention is not supported by the appellant. In absence of any specific rule authorizing a particular officer or bar imposed upon the District Superintendent of Education or the Block Education Officer under an express provision or by necessary implication; the contention can not be accepted. No other contention has been raised before us. Appeal is dismissed in limine. B.Tiwary/Anjani/- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)