CIVIL WRIT JURISDICTION CASE No.11443 OF 1997 ---------- IN THE MATTER OF APPLICATIONS UNDER ARTICLE-226 OF THE CONSTITUTION OF INDIA ---------- 1. Shyam Kishore Prasad Sharma, son of Late Sri Sukhraj Prasad Sharma, presently posted as an Assistant Teacher in Middle School, Khanjahar Pur, Anchal-Gaya Municipality (South), District-Gaya. 2. Nand Lal Mistri, son of Sri Akhaj Mistri, presently posted as an Assistant Teacher, Middle School Wazirganj, Anchal-Wazirganj, District-Gaya. 3. Rajeshwar Prasad, son of Late Parma Nand Ram, presently posted as an Assistant Teacher in Primary School Bodhi Bigaha, Anchal-Doomaria, District- Gaya. -Appellants VERSUS 1. The State of Bihar. 2. The Director (Primary Education), Primary Secondary and Mass Education Department, Government of Bihar, New Secretariat, Patna. 3. The District Magistrate, Gaya-cum-Chairman, District Education Establishment Committee, District-Gaya. 4. The Deputy Development Commissioner, District-Gaya. 5. The District Superintendent of Education, District-Gaya. -Respondents. WITH CWJC No.11540 of 1997 1. Nageshwar Mishra, son of Late Sri Mahidhar Mishra, resident of Village-Oro, P.S.-Hasua, District-Nawadah. 2. Chandrika Pathak, son of Late Jagdish Pathak, resident of Village-Pachman, P.S.-Doomaria, District-Gaya. -Appellants. VERSUS 1. The State of Bihar. 2. The Director (Primary Education), Primary Secondary and Mass Education Department, Government of Bihar, New Secretariat, Patna. 3. The District Magistrate, Gaya-cum-Chairman, District Education Establishment Committee, District-Gaya. 4. The Deputy Development Commissioner, District-Gaya. 5. The District Superintendent of Education, District-Gaya. -Respondents. ----------- For the petitioners : Mr. S.B.K.Mangalam For the Respondents : Mr. Sanjay Kumar - 2 - Mrs. Nutan Kumari Sharma, AC to G.P.-15. Mr. Umapati Jha, AC to G.P-9. ----------- P R E S E N T THE HON'BLE MR. JUSTICE NAVANITI PRASAD SINGH -------------- Navaniti Prasad Singh, J. The petitioners, by this writ application have challenged non-grant of selection grade to them. They alleged that they are entitled to grant of selection grade which has been granted to their juniors. A counter affidavit has been filed in which it is stated that after nationalization of the schools new pay scales were fixed which did not provide for selection grade instead there was provision for time bound promotion. Petitioners claim in these writ petitions which were filed in the year 1997 is with grant of selection grade with effect from 1971 or about, pursuant to the creation of posts for grant of selection grade and the rules in respect thereof. There has been no rejoinder to the counter affidavit. In my view, it is not a fit case in which this Court at this late stage should intervene. Petitioners have filed these writ petitions in the year 1997, claiming selection grade with effect from 1971. Selection grade is not available as a matter of right to everybody or any body it is restricted to a particular number in a cadre. If in 1997 or in 2010 it is held that the petitioner - 3 - would be entitled to selection grade with effect from 1971, the effect would be that several persons who were granted selection grade in 1971 and whose grants has not been challenged would after 40 years be made not entitled to the said grant. They are not parties before this Court. Third party rights having been created at the belated challenge thus cannot be entertained. These two writ petitions are, thus, dismissed. Patna High Court The 19th August, 2010 NAFR/AFR Trivedi/ (Navaniti Prasad Singh, J.)