IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16533 of 2009 KAILASH SINGH S/O LATE KALI SINGH, R/O VILL-UCHAULI, P.S- MADANPUR, DISTT- AURANGABAD, ACTING HEADMASTER, KALIKA HIGH SCHOOL, ALAWALPUR-DIARIA, P.S- GAURICHAK, DISTT- PATNA Versus 1. THE STATE OF BIHAR 2. THE DIRECTOR, SECONDARY EDUCATION, GOVT. OF BIHAR, PATNA 3. THE REGIONAL DEPUTY DIRECTOR OF EDUCATION, PATNA DIVISION, PATNA 4. THE DISTRICT EDUCATION OFFICER, PATNA 5. SADAN KUMAR SINGH S/O NOT KNOWN ASSTT. TEACHER, KALIKA HIGH SCHOOL, ALAWALPUR, P.S- GAURICHAK, DISTT- PATNA ----------- For the petitioner : Mr. Rajendra Pd. Singh, Sr. Adv. Mr. Rajeev Kumar Singh, Adv. Mr. Onkar Kumar, Adv. Mr. Naval Kishore Singh, Adv. For the State : Mr. Rakesh Kumar, G.A.-9 7/ 04.05.2010 The writ application is being disposed of along with interlocutory applications filed on behalf of the petitioner as well respondent No. 5. The writ application has been filed by the petitioner for quashing of the order dated 19.11.2009 issued by Regional Deputy Director of Education, Patna Division, Patna, whereby respondent No. 5 was authorized to work as In-charge Headmaster of Kalika High School, Alawalpur-Piaria, P.S.- Gaurichak, District-Patna. Further prayer is for directing the respondent not to disturb the petitioner from discharging the duties of In-charge Headmaster, till permanent Headmaster is posted in the school. Both petitioner and respondent No. 5 are claiming to be the seniormost teacher working in the concerned school. Petitioner’s claim is that he was appointed on 2 23.9.1985 as Assistant Teacher, at present he has requisite qualification for being promoted to the post of Headmaster as he possesses M.Sc. Trained qualification. Respondent No. 5, on the other hand, submits that being appointed on 10.10.1983 and having B.Sc/B.Ed. qualification, as per the original gradation list, he is senior to the petitioner and till date permanent Headmaster is not posted in the school, only the seniormost teacher can be appointed as In- charge Headmaster of the school. To cut the matter short, as informed, the process for appointment of permanent Headmasters is almost nearing completion. A final gradation list for promotion to the post of Headmaster has already been prepared and published on 21.12.2009. Since, the petitioner is M.Sc. trained, his name is included in the list of eligible candidates for promotion to the post of Headmaster. The respondent No. 5, who is only B.Sc. Trained, his name is not included in the seniority list of candidates eligible for promotion to the post of Headmaster. Respondent No. 5 lacks requisite qualification as per Rule 6 of Bihar Secondary School Teachers Appointment Rules, 2004, as such, his name is not included in list. The petitioner is eligible for being promoted to the post of Headmaster as per 2004 Rules, as such, also eligible to discharge the duties of In-charge Headmaster. Accordingly, the order dated 19.11.2009, issued by R.D.D.E., Patna Division, is quashed. 3 However, counsel appearing for respondent No. 5 has made a grievance that petitioner, as in-charge Headmaster, is deliberately not preparing bills for payment of his salary to Respondent No. 5 and some other teachers. Respondent No. 5 is also not being allowed to sign the attendance register. The respondent No. 5, working as a seniormost teacher in the school, is entitled for all these benefits and the petitioner cannot create any disturbance in allowing the respondent No. 5 from discharging his duties smoothly/properly. The District Education Officer, Patna, is directed to look into the matter, so that all teachers, including respondent No. 5 are paid their salary properly and regularly. The arrears of salary must be paid to respondent No. 5, and other teacher, if not paid till date, within a period of four weeks from the date of production/communication of the order. This application is disposed of. Sanjeet/ (Mridula Mishra, J.)