IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3574 of 2010 SHIV SHANKAR CHOUDHARY S/O SITARAM CHOUDHARY R/O VILLAGE + P.O.- SINUARA, VIA- LAHERIASARAI, P.S.- BAHADURPUR, DISTT.- DARBHANGA, AT PRESENT, WORKING AND POSTED AS IN-CHARGE HEADMASTER AT GOVT. BASIC SCHOOL, SRIRAMPUR, DARBHANGA Versus 1. THE STATE OF BIHAR 2. THE CHIEF SECRETARY HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, PATNA 3. THE DIRECTOR, PRIMARY EDUCATION GOVT. OF BIHAR, PATNA 4. THE SECRETARY, PRIMARY EDUCATION GOVT. OF BIHAR, PATNA 5. THE REGIONAL DIRECTOR DEPARTMENT OF EDUCATION, DARBHANGA 6. THE REGIONAL DEPUTY DIRECTOR DEPARTMENT OF EDUCATION, DARBHANGA 7. THE DISTRICT EDUCATION SUPERINTENDENT DEPARTMENT OF EDUCATION, DARBHANGA ----------- 02. 14.12.2010 Claim of the petitioner is that even though his name figured in the provisional gradation list which was prepared in the year 1996 as well as 2005 at various serials but when it came down for final publication, his name disappeared. Because of such omission petitioner is paying a price as juniors are now being promoted and notifications have been issued by the respondent State, one of them being dated 6.1.2010 issued by the Director, Primary Education, Government of Bihar, which is Annexure-7 to the writ application. In this background petitioner approached the Director, Primary Education, vide an application dated 23.8.2009 but no decision was taken by him. That is the background of filing the present writ application. Since no counter affidavit has been filed on behalf of the State till date, looking at the nature of the relief and dispute raised by 2 the petitioner, respondents will be best placed to look into the reasons for non-inclusion of the name of the petitioner in the final gradation list. The writ application is disposed of with a direction upon the Director, Primary Education, Government of Bihar, respondent No.3 (wrongly typed as respondent No.2) to look into the claim of the petitioner and take a decision within a period of three months from the date of production / communication of a copy of this order. rkp ( Ajay Kumar Tripathi, J.)