IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16750 of 2010 1. BIHAR RAJYA PRATHMIC SHIKSHAK SANGH THRU ITS ACTING PRESIDENT NAMELY MITHILESH SHARMA, S/O LATE PRASIDHYA SINGH, R/O VILLAGE-VISHAMBHARPUR, P.S.BIKRAM, DIST- PATNA . 2. MITHILESH SHARMA, S/O LATE PRASIDHYA SINGH, R/O VILLAGE-VISHAMBHARPUR, P.S.BIKRAM, DIST-PATNA. PRESENTLY POSTED AS INCHARGE HEADMASTER, KANYA MADHYA VIDHYALAYA, PUNAICHAK, PATNA…..PETITONERS. Versus 1. THE STATE OF BIHAR THRU THE CHIEF SECRETARY, GOVT. OF BIHAR, PATNA. 2. THE PRINCIPAL SECRETARY, HUMAN RESOURSCES DEPARTMENT, GOVT. OF BIHAR, PATNA. 3. THE SPECIAL SECRETARY-CUM-DIRECTOR, PRIMARY EDUCATION, HUMAN RESOURSCES DEPARTMENT, GOVT. OF BIHAR, PATNA. 4. THE DIRECTOR, PRIMARY EDUCATION, HUMAN RESOURSCES DEPARTMENT, GOVT. OF BIHAR, PATNA…….RESPONDENTS ---------- For petitioners:- Mr. Dinu Kumar, Adv Mr. Arbind Kumar Sharma, Adv. For State:- Mr. S.N.Pathak, Adv. ----------- 02/ 11-Oct-2010 Heard learned counsel for the petitioners and learned counsel for the State. 2. Petitioners have challenged the decision of the State Government contained in the Resolutions dated 15.09.2006 and 19.05.2008 annexed as Annexures 1 and 1A on the ground that abolition of vacant posts of Assistant Teachers existing from before is without jurisdiction and those posts could not be taken into 2 consideration for creating posts for Panchayat Teachers/Block Teachers and Municipal Teachers. 3. We were taken through the provisions of the Rules framed in 2006 as well as the earlier Rules governing post of Assistant Teachers existing from before. There is no embargo or prohibition on the power of the State Government to create or abolish post in any of those rules and regulations or statutory provisions. Hence, in our view the impugned decision of the State Government does not suffer from want of power. It is well known that executive power of the State is coextensive with its legislative power and can be bridled only by statutory provisions. 4. It is further noticed that since the decision to abolish the post is confined only in respect of vacant post, hence it does not affect any vested rights of any Assistant Teachers including petitioners. 5. In the facts of the case, this Court finds no merits in this writ petition. It is accordingly dismissed. perwez ( Shiva Kirti Singh, J.) (Hemant Kumar Srivastava, J.)