IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13165 of 2009 NAWAL KISHORE PRASAD, Son of late Parasnath Prasad, resident of Village-Siswan, P.O.-Basantpur, Via-Lauria, P.S.-Chautarwa, District-West Champaran. ………..Petitioner. Versus 1. The State of Bihar. 2. The Principal Secretary, Human Resources Development Department, Govt. of Bihar, Patna. 3. The Regional Deputy Director of Eduction, Tirhut Division, Muzaffarpur. 4. The District Superintendent of Education, West Champaran at Bettiah. 5. The Range Education Officer, Ramnagar, District-West Champaran. 6. The Block Education Extension Officer, Lauria, District-West Champaran. 7. Pramod Kumar, Assistant Teacher, Govt. Middle School Belwa More, Anchal-Lauria, District-West Champaran. 8. Director, Primary Education, Bihar at Patna. …………Respondents. ----------- 2/ 04.01.2010 Counsel for the petitioner is permitted to implead the Director, Primary Education as respondent No. 8. The issue involved in this writ application is the post of In-charge Headmaster of Government Middle School Belwa More, Anchal-Lauria, District-West Champaran. Petitioner as well as respondent No. 7, Pramod Kumar both are claiming their eligibility to act as In-charge Headmaster of the concerned school, till the permanent Headmaster is appointed or posted. The petitioner claims to possess higher qualification and also a trained teacher. The respondent No. 7 is Intermediate, untrained teacher, as such, his eligibility for the post of In-charge Headmaster is being challenged by the petitioner. Different orders have been passed by different authorities in favour of the petitioner as well as respondent 2 No. 7 allowing them to discharge the duties of In-charge Headmaster. As such, this application is being disposed of. Petitioner may represent his case before the Director, Primary Education, respondent No. 8, for deciding the issue involved in this writ application. Respondent No. 8 will issue notice to respondent No. 7 as well as the petitioner, fixing a date for proving their claim to act as In-charge Headmaster of the school. Respondent No. 8 considering the eligibility as per the rule, will pass an order. The order must be passed within four weeks from the date of production/communication of this order, along with representation of the petitioner. Sanjeet/ (Mridula Mishra, J.)