IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6758 of 2007 YOGENDRA KUMAR SINHA, S/O LATE BACHU BIHARI, R/O MOHALLA-CHAND-CHAURA, RAM BAGICHA, P.S.- CIVIL LINES, DISTRICT-GAYA. ………………PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE COMMISSIONER-CUM-SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, PATNA. 3. THE DIRECTOR, PRIMARY EDUCATION, BIHAR, PATNA. 4. THE SECRETARY, STAFF SELECTION COMMISSION, BIHAR, PATNA. 5. THE REGIONAL DEPUTY DIRECTOR OF EDUCATION, PATNA DIVISION, PATNA. 6. THE DISTRICT EDUCATION OFFICER, GAYA. 7. THE SECRETARY, SCHOOL MANAGING COMMITTEE, HARIDASH SAMINERI HIGH SCHOOL, GAYA. ………………RESPONDENTS. For the petitioner: Mr. Madhav Roy, Adv. and Mr. Bijay Kr. Singh, Adv. ----------- 5 10.11.2009 The matter has been listed under the heading “for orders (on petitions)” for consideration of I.A. No. 5745 of 2009. However, with the agreement of the parties, the application is being heard and being disposed of with the following orders. Writ application has been filed by the petitioner challenging an order passed by the Bihar Staff Selection Commission (hereinafter referred to as the „Commission‟) dated 6.3.2007, annexed as Annexure-1, by which the claim of petitioner for his promotion to the post of teacher has been rejected on the ground that no Government circular exists for promotion of a Clerk to the post of teacher. Learned counsel for the petitioner 2 submits that the order has been passed on wrong premises. He submits that, in fact, circulars exist contained in memo no. 10775-885 dated 6.8.1984 and 12/o8-467/87 shikshak 179 Patna, dated 22.12.1981 which the Commission has not considered. In the circumstances, this Court grants liberty to petitioner to file a representation before the Commission along with a copy of the said circulars within one month from today. If such a representation is filed by petitioner, the Commission shall consider the same, examine the circulars and, if they apply to the case of the petitioner, appropriate orders shall be passed in his respect in accordance with law within one month thereafter. The Commission shall also consider other grounds taken in the representation by the petitioner for consideration of his case. The writ application is, accordingly, disposed of with above observations and directions. Arvind/ ( J. N. Singh, J.)