IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7678 of 2008 SAHDEO RAVIDAS, S/O LATE GANGA RAVIDAS, R/O VILLAGE-AUNTA, P.S.-HATHIDAH, DISTRICT-PATNA, AT PRESENT POSTED AS ASSISTANT TEACHER. ……………PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY-CUM-COMMISSIONER, DEPARTMENT OF EDUCATION, GOVERNMENT OF BIHAR, PATNA. 2. DIRECTOR, PRIMARY EDUCATION, GOVERNMENT OF BIHAR, PATNA. 3. THE DISTRICT EDUCATION ESTABLISHMENT COMMITTEE PATNA THROUGH ITS CHAIRMAN. 4. THE R.D.D.E., PATNA. 5. DISTRICT EDUCATION OFFICER, PATNA. 6. THE DISTRICT SUPERINTENDENT OF EDUCATION, PATNA. …………RESPONDENTS. ----------- 3 23.08.2011 I.A.No.5264 of 2011 Petitioner has filed this I.A. for amendment in the prayer made in the writ application and to include challenge to the order as contained in Annexure-5, cancelling his earlier promotion, which prayer, as per the submission of learned counsel for the petitioner, was inadvertently left out in the writ application. The I.A. is allowed. Petitioner is granted liberty to challenge the same. Through this writ application now the petitioner prays for quashing of the said order of the District Superintendent of Education, as contained in Annexure-5, which 2 is dated 30.12.1995 by which his promotion has been cancelled. He further prays for inclusion of his name in the gradation/seniority list of his category, which is SC category, of trained teachers of Patna district, for grant of B.A. Trained Scale and grant him promotion as per the vacancy and quota available in the said Scale. So far as challenge to Annexure-5, the order of the District Superintendent of Education, Patna dated 30.12.1995 is concerned, apparently the same is stale. Petitioner has moved this Court in 2008, i.e., almost 13 years after the order was passed cancelling his promotion. Therefore, this Court is not inclined to entertain that prayer. So far as his prayer for inclusion of his name in the gradation/seniority list of B.A. Trained Teachers of Patna district in the SC category is concerned, in view of the Full judgment of this Court, reported in 2009(3) PLJR 384, the exercise is now on for preparation of gradation list of teachers of Science and Arts stream separately up to B.A. Trained Scale. In this exercise the name of 3 the petitioner has to be considered by the respondents if he is found eligible. No mandamus is required for the same as this exercise, in normal course, is to be undertaken in terms of the Full Bench judgment. It is only if the petitioner does not find his name included in the list, any cause of action will arise to him. The writ application is dismissed. Arvind/ ( J.N. Singh, J.)