IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5341 of 1997 Pushpa Sinha, Wife of Sri Narendra Deo, Resident of Mohalla Chiraiyatad, Postal Park, Road No. 3-A (Near Kali Mandir), P.S. Kotwali, P.O. Chiraiyatad, Distt. Patna, at present posted as Assistant Teacher in History in Devipad Chaudhary Shaheed Smarak Inter School (formerly known as Miller School), Patna. --------- Petitioner Versus 1. The State of Bihar, through the Commissioner-cum-Secretary, Department of Secondary, Primary and Adult Education, Vikas Bhawan, Patna. 2. The Director, Secondary Education, Bihar, Vikas Bhawan, Patna. 3. The Regional Deputy Director of Education (Secondary Education), Patna Division, Patna (Miller School Campus). 4. The District Education Officer, Patna. 5. The Headmistress, Devipad Chaudhary Shaheed Smarak Inter School, (Formerly known as Miller School), Patna. 6. Smt. Rekha Verma, Home Science Teacher, in Devipad Chaudhary, Shaheed Smarak Inter School, (Miller School), Patna. ----------- Respondents ----------- 7 13.07.2010 No one appears on behalf of the petitioner. Counsel for the Stat and private respondent no.6 are present. The prayer of the petitioner in this writ application reads as follows:- 1(i) For issuance of a writ in the nature of certiorari for quashing the impugned office order containing list of subjectwise teachers, bearing No. 1599 dated 30.4.1997 (Annexure-9) issued under the signature of Respondent regional Dy. Director, Secondary Education, Patna Division, Patna whereunder and whereby the petitioner has been delisted from the list of teachers, authorized for payment of salary, in a most 2 arbitrary manner without competence and against the State Government’s decisions contained in Resolution No. 2064 dated 4.10.1990 (vide Annexure-7 and 8 of the writ petition). (ii) For issuance of a writ in the nature of mandamus, commanding the Respondents, not to give effect to the impugned order and further not to take coercive steps against the petitioner for the implementation of the impugned order. (iii) Further, it is prayed that this Hon’ble Court be pleased to adjudicate and held that the impugned order has been passed by the concerned Respondent (Respondent No.3) with malafide intention to show undue favour to some favourit teachers against the existing provisions regarding term of posting of a teacher in a particular school and delisting the petitioner from the existing list of authorized teachers, arbitrarily without caring for the pecuniary hardship and mental torture which would cause to the petitioner. (iv) It is further prayed that this Hon’ble Court be pleased to issue appropriate writ in the nature of mandamus to the concerned Respondent No.3, not to interfere with the Manak Mandal of subject wise teachers as decided by the State Government in Resolution No. 3 1423 dated 13.4.1978 (Annexure-7) and subsequently, reiterated in Government Resolution No. 2064 dated 4.10.80 (Annexure-8) by which powers have been delegated to the Head Master of the school to decide subject wise strength of Assistant teachers within the total sanctioned posts. (v) It is further prayed that the Respondent No.3 may kindly be restrained to make any change in future in the existing list of teachers. Their payment of salary is frequently interrupted and salary bills are objected by the concerned treasury office from time to time, due to such irregular and illegal acts of the Respondent No.3 who is not empowered under any government orders to make any change or amend the subject wise list of posts of teachers prepared by the Head of the Institution. The Respondent No.3 has made a deastic change in the earlier list sent by the Headmaster vide her letter dated 13.3.1997. (Annexure-6).” From the records of this writ petition specially from the counter affidavit filed on behalf of the respondent no.3, it would be clear that the petitioner has no vested right in continuing in the Miller School. 4 The respondents have also explained that the petitioner was found to be in excess of the sanctioned strength of the Teachers of the Miller School and accordingly, arrangement was to be made for her by issuing an order of posting in some other school. In this context, paragraph no.8 of the counter affidavit would disclose that the petitioner was the fourth hand against the three sanctioned post of Teachers of history and therefore, she could not have been absorbed against the sanctioned strength of the Teachers of Miller School. Paragraph no.8 of the counter affidavit reads as follows:- “8. That in reply to the statement made in paragraph no.8 of the writ application, it is a fact that the transfer order of the petitioner was stayed against the vacancy caused due to promotion of Smt. Mamta Verma who was promoted to the post of Headmistress but the actual position is this that there are three sanctioned posts of history teachers in school against them the following three teachers were working since the date noted against their names:- 1. Smt. Rekha Verma - 21.8.95 2. Smt. Kiran Srivastava - 27.11.95 3. Smt. Kumari Sudha - 23.12.1995 5 As the petitioner joined this school on 2.1.1996 and the above noted three teachers were working before she joined, so she again remained in excess in that subject.” In the opinion of this Court, the petitioner at best can have a right to work on a post and claim salary thereof but not in a particular school and a particular post. That being so, when this Court also while admitting the case had directed for payment of salary of the petitioner from Kurmichak High School, Mokama (Patna), this writ application on account of subsequent event as also discontinuance of the petitioner in Miller School would hold that the same has become infructuous. Accordingly, this application is dismissed as having become infructuous. Rsh (Mihir Kumar Jha, J.)