IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10421 of 2010 1. BASUDEO PRASAD YADAV, S/O LATE GORELAL YADAV, R/O VILLAGE KABIYAHI, P.S. SHANKARPUR,DISTRICT- MADHEPURA------ --------------------------------------PETITIONER Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT, BIHAR, PATNA. 2. DIRECTOR, PRIMARY EDUCATION, NEW SECRETARIAT, BIHAR, PATNA. 3. THE DISTRICT SUPERINTENDENT OF EDUCATION, MADHEPURA. 4. THE TREASURY OFFICER, MADHEPURA-----------RESPONDENTS ----------- 2 4.3.2011 Heard learned counsel for the parties. In the present writ application annexure-2 is under challenge which has been passed by the Director, Primary Education, Government of Bihar which is a speaking order passed on the earlier direction of the Court in CWJC No. 14564 of 2006. Before the Court a submission is being made that the petitioner has evidence and material in his possession to show that he had undergone training and based on that evidence and training he was granted B.A. trained scale by the erstwhile District Superintendent of Education. There is clear finding recorded that no such evidence or material had been produced before the authority and in absence thereof the grant of B.A. trained scale is uncalled for. The Court is not willing to interfere with the order because the document not produced before the authority cannot be taken into consideration by the High Court in the writ application and that cannot be made a basis for interference with the order that it was erroneous. If the petitioner has actually clear evidence in his possession, let him appear before the Director, Primary Education, - 2 - Bihar with that evidence and if the Director is satisfied he may pass a fresh order or annexure-2 will stand. This writ application is disposed of with the above direction/observation. RPS (Ajay Kumar Tripathi,J.)