IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9402 of 2010 1. BALMUKUND PRASAD, S/O SHRI GOPI PRASAD, PERMANENT R/O VILLAGE SRIRAM KHARJAMA, P.S. CHANDI DISTRICT NALANDA, PRESENTLY WORKING AS INCHARGE HEAD MASTER,MIDDLE SCHOOL,KORUT,P.S.- CHANDI,DISTRICT NALANDA--PETITIONER Versus 1. THE STATE OF BIHAR. 2. PRINCIPAL SECRETARY, DEPARTMENT OF HUMAN RESOURCES, GOVT. OF BIHAR, PATNA. 3. DIRECTOR, PRIMARY EDUCATION, GOVT. OF BIHAR, PATNA. 4. DISTRICT MAGISTRATE CUM COLLECTOR, NALANDA. 5. DISTRICT SUPERINTENDENT OF EDUCATION, NALANDA AT BIHARSHARIF. 6. AREA EDUCATION OFFICER, NOORSARAI, NALANDA. 7. PANO DEVI, W/O ARVIND KUMAR, PRESENTLY WORKING AS ASSISTANT TEACHER, MIDDLE SCHOOL, KORUT, P.S.- CHANDI, DISTRICT NALANDA----------------RESPONDENTS. ----------- 2 10.2.2011 Heard learned counsel for the parties. Whatever the submission and the circumstances under which the petitioner was allowed to officiate as Incharge Headmaster of Middle School, Korut in the District of Nalanda, the fact which emerges and is not disputed that respondent no.7 Pano Devi is senior to the petitioner and in terms of the rules she has right to claim the position. This finding has also emerged from annexure-1 which is under challenge in the present writ application. In view of above no interference is warranted with annexure-1. This writ application is dismissed. But dismissal of the writ application will not come in the way of the petitioner in finding favourable ear for himself. RPS (Ajay Kumar Tripathi,J.)