IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14083 of 2002 1. Bihar State Primary Teachers Association, Bhuneshwar Shikshak Sadan, Exhibition Road, Patna through its General Secretary. 2. Mahendra Prasad Shahi, Son of Late Yogi Prasad Shahi, Resident of Bhuneshwar Shikshak Sadan, Exhibition Road, Patna, the General Secretary of Bihar State Primary Teachers Association. ------ Petitioners Versus 1. The State of Bihar. 2. The Secretary to the Government of Bihar, Primary, Secondary and Adult Education Department, Government of Bihar, New Secretariat, Patna. 3. The Director, Primary Education, Primary and Adult Education Department, Government of Bihar, New Secretariat, Patna. --------- Respondents ----------- 3 30.06.2010 Having heard learned counsel for the parties in this writ application, this Court is of the view that the Association of the Primary and Middle School Teachers has to agitate its grievance regarding filling up all the vacant post of teachers and Headmaster in all the government primary schools before the competent authority of the State Government. No mandamus can be issued to the employer to fill up all the vacant posts but then as now Article 21A of the Constitution envisages providing compulsory free education by the State to the children up to the age of twelve years, the 2 Respondents also cannot adopt an indifferent attitude towards filling up the vacant posts of Teachers/Headmasters in Government Primary Schools where the students in the age group up to twelve years cannot have their right to education secured in absence of adequate number of teaching employees in the government schools. That being so, this Court would give liberty to the petitioners to approach the Principal Secretary of the Human Resources Development Department and in the event a representation for this purpose is filed by the petitioners, the grievance raised therein would be looked into by the respondents in the changed scenario of Article 21A of the Constitution. Let it be made clear that this Court has not expressed any opinion on the merit of such claim of the petitioners but it is expected that the competent authority would apply his mind to a very genuine grievance of the Association as with regard to the filling up the post of Teachers and Headmasters in the Government Middle School. 3 With the aforementioned observations and directions, this application is disposed of. Rsh (Mihir Kumar Jha, J.)