IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14312 of 2011 Dr.Mahendra Jha, son of Sri Tripti Narayan Jha, resident of village Mahrail, Post office- Mahrail, Police Station-Andhara Thadhi, District- Madhubani, at present working as Head Master, Shri Chandrika Das Sanskrit High School at Dhawari, P.O. Bara, Kharauni, District- Bhojpur…. Petitioner Versus 1. The State Of Bihar 2. The Principal Secretary, Human Resources Department, Government of Bihar, New Secretariat, Patna. 3. The Education Director, Human Resources Department, Government of Bihar, New Secretariat, Patna. 4. The District Education Officer, Bhojpur, Ara 5. The Bihar Sanskrit Shiksha Board, Patna through its Secretary, Rajapur Pul, Boring Canal Road, Patna. 6. The Secretary, Bihar Sanskrit Shiksha Board, Patna, Rajapur Pul, Boring Canal Road, Patna. 7. The Chairman, Shri Chandrika Das Sanskrit High School at Dhawari, P.O. Bara, Kharauni, District-Bhojpur. 8. The Secretary, Shri Chandrika Das Sanskrit High School at Dhawari, P.O. Bara, Kharauni, District-Bhojpur. 9. Sri Ramashankar Mishra, son of Shivjee Mishra, Assistant teacher, Shri Chandrika Das Sanskrit High School at Dhawari, P.O. Bara, Kharauni, District- Bhojpur. ……. ……… Respondents For the petitioner: Mr. Sanjeev Kumar Mishra, Advocate For the Board: Mr. Awadhesh Prasad Sinha,Advocate For respondent No.9: Mr. Ajay Kumar Sharma,Advocate ----------- 2. 5.9.2011 Heard learned counsel for the petitioner and learned counsels for the State and for the private respondent No.9 The petitioner has come to this Court for quashing the order dated 26.7.2011 passed by the Special Director, Secondary Education, by which he has allowed the appeal preferred by respondent No.9 and quashed the order of promotion granted to the petitioner with a direction to the respondent Board to take 2 steps for granting promotion on the post of Headmaster. It is not in dispute that the respondent No.9 was appointed on 11.11.1979, whereas the petitioner was appointed on 25.10.1987 as Assistant teacher. However, the educational qualification of respondent No.9 is Post Graduate, whereas the petitioner holds a Ph. D. degree. Learned counsel for the petitioner refers to the Bihar State Non-Government Sanskrit High School (Service Conditions) Rules, 1976 specially to rules 2, 6, 10, 11 and others under which mere seniority has not been considered as the qualification for appointment on the post of Headmaster. It is submitted by learned counsel for respondent No.9 that the appointment/promotion of the petitioner on the post of Headmaster cannot be considered on the basis of the higher qualification. In the impugned order dated 26.7.2011, the Special Director has considered the fact that the petitioner himself as in- charge Headmaster has signed the order, by which it has been decided to appoint him as Headmaster. He has further referred to the fact that the procedure for promotion to the post of Headmaster has not been followed in the case. On a consideration of the aforesaid facts and 3 circumstances, this Court is of the view that the impugned order dated 26.7.2011 is not fit to be interfered with as after setting aside the appointment of the petitioner as Headmaster, a direction has been issued for taking steps for appointment/promotion to the post of Headmaster afresh within three months. The writ application is, accordingly, dismissed. However, the respondent authorities are directed to ensure that the appointment/promotion on the post of Headmaster is made strictly within a period of three months granted by the impugned order dated 26.7.2011. VPS ( Ramesh Kumar Datta, J. )