IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3481 of 2011 Tej Narayan Yadav son of Late Yojan Prasad Yadav, resident of Mohalla- Murliganj, Arya Sadan, Ward No.9, P.S. Murliganj, District Madhepura, presently posted as Assistant Teacher B.L. Senior Secondary (+2) School, Murliganj, District- Madhepura. . . . . . Petitioner. Versus 1. The State of Bihar through the Principal Secretary, Human Resources Development Department, Government of Bihar, Patna. 2. The Director, Secondary Education, Bihar, Patna. 3. The Regional Deputy Director of Education, Koshi Division, Saharsa. 4. The District Education Officer, Madhepura. 5. The Managing Committee of B.L. Senior Secondary (+2) School, Murliganj, Madhepura, through its Secretary. 6. Incharge Headmaster, B.L. Senior Secondary (+2) School, Murliganj, Madhepura. . . . . . Respondents. ---------------------------------- 2/ 18.08.2011 Heard learned counsel for the parties. 2. In the instant writ application, the petitioner prays for a direction to the respondents to nominate him as a Teachers’ representative of the Managing Committee of B.L. Senior Secondary (+2) School, Murliganj, Madhepura in view of Memo no. 958 dated 21.07.2010 and letter no. 1199 dated 31.08.2010 issued by respondent nos. 4 and 3 respectively. 3. The petitioner submits that he was appointed as an Assistant Teacher and joined on 24.10.1983 in Raja Ram Hari Singh, High School, Dharpari, Munger. Thereafter he was transferred and posted in Koshi Division on 30.06.1984. The petitioner submits that since many years he is serving as Assistant Teacher in B.L. Senior Secondary (+2) School, Murliganj, Madhepura. The petitioner submits that as per the circular of Department of Primary, Secondary and Adult 2 Education, Government of Bihar dated 23.05.2001, the senior most assistant teacher of the school would be nominated as teachers’ representative of the Managing Committee of the school by the headmaster of the school. The petitioner submits that ignoring his seniority, a junior teacher namely, Rudra Dhar Jha Nawal was nominated the teachers’ representative of the Managing Committee of the school. Being aggrieved, the petitioner made a representation before the District Education Officer, Madhepura, who vide Memo no. 1002 dated 12.12.2009 directed the respondent no.6 (incharge headmaster) to nominate the petitioner as a teachers’ representative of the school. Copy of letter dated 12.12.2009 of District Education Officer, Madhepura has been annexed as Annexure-2 to this application. In spite of the direction of the District Education Officer, Madhepura, the incharge headmaster did not nominate the petitioner as a teachers’ representative of the school for the academic year 2009-10. On the other hand, again for the academic year 2010-11, the incharge headmaster ignored the petitioner’s seniority and nominated another junior teacher as teachers’ representative of the school. Thereafter the Regional Deputy Director Education, Koshi Division, vide letter dated 09.08.2010 directed respondent no.6 to nominate the petitioner as representative of the teachers but neither the direction of the senior officials nor the circular of the Government seem to have any impact on respondent no.6. 3 4. Learned counsel for the State has filed counter affidavit. The State in paragraph 9 of the counter affidavit has admitted that the petitioner is the senior most teacher in the school and he ought to have been nominated as teachers’ representative in view of Government circular. Learned counsel for the State submits that necessary action has been taken against respondent no.6 for not obeying the direction of District Education Officer, Madhepura as well as Regional Deputy Director Education, Koshi Division. 5. In the facts and circumstances of the case, this writ application is disposed of with a direction to respondent no.6 to abide by the direction of District Education Officer, Madhepura as well as Regional Deputy Director Education, Koshi Division regarding nominating the petitioner as teachers’ representative of the school concerned within a period of four weeks from the date of receipt of a copy of this order. Uday/ (Samarendra Pratap Singh, J.)