IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.587 of 2005 RASENDRA NARAIN SINGH Versus THE STATE OF BIHAR & ORS ----------- 5. 12.08.2008 Heard learned counsel for the petitioner and the State. The claim in this writ application is for appointment in the graduate trained scale with effect from 4.11.1994. The petitioner claims appointment as assistant teacher in matric trained scale in the residential Government High School run by the Welfare Department. Learned counsel for the petitioner submits that even on the date that the petitioner came to be appointed as assistant teacher in the matric trained scale, he held qualification of a graduate trained teacher having obtained the necessary qualification from the Bihar School Examination Board, where he attended the course during the Session 1979-1981. That this qualification was duly produced before the Respondents when he came to be appointed in the matric trained scale, notwithstanding which the authority did not consider his case for appointment in the graduate trained scale. If the petitioner had produced the evidence of possessing the qualification of graduate trained scale on 20.05.1984 and was not considered for the same, quite obviously he has a case, but if such evidence was not placed by him before the authorities, the position may be otherwise. Be that as it may, promotions are stated to have been given till serial no. 253 from the seniority list prepared for the purposes of grant of graduate trained scale, the petitioner figures at - 2 - serial 259. The only appropriate order in that view of the matter be passed at this stage is to direct consideration of the case of the petitioner by giving him due placement in the seniority list if the graduate trained qualification of the petitioner was available with the authorities on 20.5.1984 when he came to be appointed in the matric trained scale. If such qualification of the petitioner was not available with the authorities on the date that he was given matric trained scale, he is required to be considered in accordance with the seniority list presently subsisting and if there be vacancy in the graduate trained scale, quite obviously the Respondents are required to consider and fill up the same expeditiously in accordance with law. In either event of the matter whether the claim for graduate trained scale be on the basis of his possessing the qualification on the date that he came to be appointed in the matric trained scale or subsequent, let the same be done expeditiously subject to availability of vacancy within a maximum period of three months from the date of receipt and/or production of a copy of this order. The writ application stands disposed. AKS/ (Navin Sinha, J.)