IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.823 of 2010 1.THE STATE OF BIHAR 2.THE DIRECTOR, SECONDARY EDUCATION, BIHAR, PATNA. 3.THE R.D.D.E. TIRHUT DIVISION, MUZAFFARPUR. 4.THE DISTRICT EDUCATION OFFICER, EAST CHAMPARAN.------APPELLANTS/RESPONDENTS. Versus BIJAY KUMAR SINGH SON OF SRI RAM SINGAR SINGH RESIDENT OF VILLAGE-SAPGRAHA, P.S. CHERAIYA, DISTRICT- EAST CHAMPARAN, AT PRESENT ACTING HEADMASTER, GANDHI HIGH SCHOOL, BHELWA CIRCLE, GHODA SAHAN, DISTRICT- EAST CHAMPAAN. -----RESPONDENT/PETITIONER. ----------- 2 10-05-2010 I.A. No.4424 of 2010. Having heard learned counsel for the appellants as also the averment made in this application, the delay in filing of this appeal is condoned. I.A. No.4424 of 2010 is disposed of. L.P.A. No.823 of 2010. The respondents-appellants being aggrieved by order of the learned Single Judge dated 16.4.2009 in C.W.J.C. No.4805 of 2009 have filed this appeal limited to the direction given therein for appointment on a regular Headmaster in Gandhi High School, Bhelwa Circle, Ghoda Sahan in the district of East Champaran 2 (hereinafter referred to as „the School‟) within a period of two weeks from the date of receipt/production of copy of the order. Assailing the aforementioned direction learned counsel for the appellants has submitted that the post of permanent Headmaster in a nationalized High School can be filled up only by two modes, namely, by direct recruitment and/or promotion, but such direct recruitment has to be made by the Bihar Public Service Commission (hereinafter referred to as „the Commission‟), which cannot be compelled by the appellants to complete the selection process and submit recommendation within a fixed time span much less as has been fixed by the learned Single Judge in the impugned order. Commenting further the learned counsel for the appellants has also submitted that rest of 50% post of Headmaster in the nationalized Secondary School has to be filled up through promotion for which gradation list at the State level has to be prepared and preparation of such State gradation list is in process which also is likely to consume considerable length of 3 time. It has thus been submitted that the direction given by the learned Single Judge for filling up the post of permanent Headmaster of the School in the present scenario is beyond the powers of the Director, Secondary Education, the controlling authority of the post of Headmaster of the nationalized High School. Upon considering the aforementioned submissions as also perusing the materials on record, it becomes clear that no exception can be made to the direction given by the learned Single Judge as with regard to filling up the post of permanent Headmaster of the School within a fixed span of time. Ad-hocism of any nature in any governmental set up is counter productive to the function of the Institutions and it is more so in a High School where the entire responsibility of managing the affairs of the School lies in the hands of Headmaster. It is equally true that the machinery of State has not been sufficiently geared up in time and the Schools are being allowed to function without adequate infrastructure and persona, but then responsibility for the same cannot be fasten in strict manner by the Courts, being oblivious of 4 the prevailing situation. As noted above, there is lack of permanent Headmaster on account of non filling up of the post either by direct recruitment or by promotion. In such a situation, we can only say that the appellants shall make its best endeavor to ensure that a permanent Headmaster is posted in the School even by way of transfer in accordance with the service rules if there be no prospect of filling up the post of permanent Headmaster of the School either by direct recruitment or by promotion in near future. Recently, this Court in a Public Interest Litigation, in C.W.J.C. No. 3740 of 2010 had gone into this aspect and had passed the following order on 5.5.2010 while disposing of the writ application:- “Though many an assertion has been made in this public interest litigation, yet the basic and central grievance pertains to non-appointment of permanent Headmaster in Rajkiyakrit Gandhi Ucha Vidyalaya, Behlwa Circle, District- East Champaran. A counter affidavit has been filed by the State stating, inter alia, that the said post shall be filled up after getting concurrence from the Bihar Public Service Commission 9for short, „the 5 Commission‟). It is submitted by Mr. Prasun Kumar Sinha, learned counsel for the State, that the panel shall be prepared by 31st May, 2010 and sent to the Commission for its concurrence. Though, the Commission is not a party, yet we have been assisted by Mr. K.K. Jha, learned counsel who normally represents, the Commission. Regard being had to the totality of circumstances, it is directed that after the panel is sent, the Commission shall take prompt steps and deal with the same within four weeks. After the response comes from the Commission, the State Government shall take steps within a period of three weeks therefrom. With the aforesaid directions, the writ petition stands disposed of.” We, accordingly, dispose of this appeal in terms of the aforementioned directions in the order dated 5.5.2010 in C.W.J.C. No.3740 of 2010. With the aforementioned observations/ directions this appeal is disposed of. (Dipak Misra, C.J.) Abhay Kumar ( Mihir Kumar Jha, J.)