IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.560 of 2002 1. GORAKH DAS, Son of Sri Sarjug Das, Assistant Teacher in Middle School, Sarangi, Anchal Goraul, P.S. Bhaqgwanpur, District Vaishali. 2. Ram Vilas Mahto, son of late Sarju Mahto, Assistant Teacher in Middle School, Singhara, Anchal Mahua, P.S. Mahua, District Vaishali. 3. Kapildeo Ram, son of late Faguni Ram, Assistant Teacher in Middle School, Chakfutah, Anchal Mahua, P.S. Mahua, District Vaishali. 4. Dineshwar Das, Son of late Nathuni Das, Assistant Teacher in Middle School, Kadilpur, Anchal Jandaha, P.S. Jandaha, district Vaishali. 5. Yodhan Paswan, son of Dangru Paswan, Assistant Teacher in Middle School, Akhliapur, Anchal Mahua, P.s. Mahua, District Vaishali. 6. Ram Swarath Mahto, son of late Yugeshwar Mahto, Assistant Teacher in Middle School, Manik Patty, Anchal Mahnar, P.S. Mahnar, District Vaishali. 7. Devendra Ram, son of Sri Nebi Ram, Assistant Teacher Middle School, Bhikhanpura, Anchal Sahdai Bujurg, P.S. Deshari, District Vaishali. 8. Permeshwar Ram, son of late Harihar Ram, Assistant Teacher in Middle School, Sahadei, Bujurg, Anchal Sahdei Bujurg, P.S. Sahdei Bujurg, Vaishali. 9. Daroga Das, son of Sri Ritlal Das, Assistant Teacher in Middle School, Mahisaur, Anchal & P.S. Jandaha, district Vaishali. 10. Yogenra Baitha, son of Sri Baleshwar Baitha, Assistant Teacher in Middle School, Supaul, Anchal & P.S. Mahua, District Vaishali. Versus 1. THE STATE OF BIHAR 2. The Director Primary Education, Government of Bihar, Patna. 3. The Regional Deputy Director of Education, Patna Division, Patna. 4. The District Education Establishment Committee, Vaishali through the District Magistrate, Vaishali. 5. The District Superintendent of Education, Vaishali, District Vaishali. 6. Sri Mahangu Mahto, son of not known, Headmaster in middle School Aajpur, Sadeipur, P.S. Raghopur, Vaishali. 7. Sri Laldeo Mochi, son of not known, Headmaster in Middle School, Jahangirpur, P.S. Raghopur, District Vaishali. 8. Sri Bateshwar Paswan, son of not known, Headmaster in Middle School, Karnnijee, P.S. Belsar, District Vaishali. 9. Sri Anandi Ram, son of not known, Headmaster in Middle School, Khanjahanchak, P.S. Lalganj, district vaishali. ----------- 10 30.09.2010 No one appears for the petitioners. Counsels for the respondents are present. This Court as with regard to the following relief prayed for by the petitioner in this writ application:- “(i)for quashing of the order contained in Memo No.1775 dated 10.10.2001 issued by the 2 respondent No.2, whereby and whereunder, the claim of the petitioner for promotion on the post of Headmaster have been rejected. (ii)For direction to the respondents to promote the petitioners on reserve seat of Headmaster meant for schedule caste category from the dates, the seats of Headmaster meant for schedule caste category are vacant. (iii)For direction to the respondents to promote the petitioners on the post of Headmaster with effect from 1.4.1988 or at least with effect from 10.09.91 the date on which juniors to the petitioners have been promoted on the post of Headmaster and further for grant of arrears of salary or any other monitory benefits or any other consequential benefits of promotional post to which petitioners may be entitled.” would find that in view of earlier direction given by this Court by order dated 16.3.2001 in C.W. J.C. No.1083 of 1999, a reasoned order has been passed by the authority, wherein it has been held that not only the petitioners lack qualification prescribed for the post of Headmaster, but even otherwise they could not point out any similar case except that of one Bateshwar Paswan about whom there were sufficient explanation for grant of such promotion to him. The authority infact while examining such plea of discrimination had after making verification of service records of Bateshwar Paswan had found that he was possessing the qualification for the post of Headmaster. Consequently such consideration made by the authority in terms of earlier order of remand of this Court does not suffer from any infirmity. That being so, this application is wholly misconceived and is accordingly dismissed. Abhay Kumar ( Mihir Kumar Jha, J.)