IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13412 of 2008 Vishun Dayal Ram, son of Late Charitar Ram, Resident of village Sutihar Dakshin Mathia, P. O. Sutihar, P.S. Derni District Saran………………………………….Petitioner Versus 1. The State Of Bihar 2. District Magistrate, Saran, 3. District Superintendent of Education, Saran. 4. Regional Education Officer, Dighwara, District Saran 5. Block Education Extension Officer, Dariyapur, District Saran. 6. Chandrawati Devi, Assistant Teacher, Primary School, Derni, Anchal Dariyapur, P.O. Sutihar, P.S. Derni, District Saran. 7. Jai Narayan Upadhaya, Incharge Headmaster, Madhya Vidyalaya, Lohacha, P.O. Sutihar, P.S. Derni, District Saran. 8. Anil Kumar Mishra, Clerk, D.S.E Office, Saran at Chapra…Respondents ----------- 2 17.09.2010 Heard learned counsel for the petitioner as well as learned counsel for the State. By Annexure-6, one Smt. Chandrawati Devi, Incharge Headmaster of the School, was directed to hand over the charge to the petitioner. The said order has been stayed by respondent-District Superintendent of Education, Saran vide Annexure-7 dated 04.03.2008. Petitioner is aggrieved by the said order. His grievance is that he is senior to said Chandrawati Devi in the 2 School and, therefore, he is entitled to act as Incharge Headmaster. From Annexure-7 it appears that since a suit is going on in respect of the School in a court, the said order has been stayed. No teacher has legal right to act as an Incharge Headmaster. Therefore, this Court cannot interfere in the matter. However, respondent - District Superintendent of Education, Saran is directed to consider the posting of regular Headmaster in the School as the dispute is going on between the teachers of the school. The writ application is disposed of with the aforesaid observations and directions. BT (J. N. Singh, J.)