IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12892 of 2010 1. ASHOK KUMAR SINGH S/O SRI BRAHMDEO SINGH R/O VILL.- MADRAUNI, P.S.- GOPALPUR, DISTT.- BHAGALPUR _________ Petitioner Versus 1. THE STATE OF BIHAR 2. THE SECRETARY HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 3. THE DIRECTOR, SECONDARY EDUCATION GOVERNMENT OF BIHAR, PATNA 4. THE REGIONAL DEPUTY DIRECTOR EDUCATION, PURNEA 5. THE DISTRICT EDUCATION OFFICER, PURNEA ______ Respondents ----------- For the petitioner: Mr. Subhash Chandra Jha. For the State : Mr. R. R. Tiwari, AC to AAG-12. ---- 03. 17.5.2011 One of the primary reasons why this Court is not inclined to entertain the writ application at this stage with regard to the position where the petitioner has been shown in the final gradation list is because the petitioner has not made a demand for correction before the competent authority. Since there is no demand, there is no failure on the part of the respondents to perform a public duty. Let the petitioner therefore move the Director, Secondary Education, Government of Bihar, with his claim to change his position in the final gradation list based on the so-called appointment as a physical trained teacher. If such an application is filed by the petitioner, the matter will be looked into and the decision rendered within a period of three months from the date of filing of 2 such an application with a copy of this order. Writ is disposed of with above direction. rkp ( Ajay Kumar Tripathi, J.)