IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15479 of 2009 1. RAJESH KUMAR SON OF BINAY KUMAR SAW RESIDENT OF VILLAGE PASIA, P.O. SARSU, P.S. ATRI, DISTRICT GAYA AT PRESENT POSTED AS HEAD MASTER NAVSIRJIT PRIMARY SCHOOL SIADPUR, ANCHAL NARDIGANJ, DISTRICT NAWADAH. Versus 1. THE STATE OF BIHAR 2. THE REGIONAL DEPUTY DIRECTOR OF EDUCATION MAGADH PRAMANDAL, GAYA 3. THE DISTRICT SUPERINTENDENT OF EDUCATION NAWADA 4. THE BLOCK EDUCATION EXTENSION OFFICER NARDIGANJ, NAWADA 5. THE BLOCK DEVELOPMENT OFFICER NARDIGANJ, NAWADA 6. THE PANCHAYAT SECRETARY GRAM PANCHAYAT ICHUA KARNA, NARDIGANJ, NAWADA 7. SMT. SUDHA SINHA, ASSISTANT TEACHER NAVSIRJIT PRIMARY SCHOOL SAIDPUR, ANCHAL NARDIGANJ, DISTT.- NAWADA ----------- 3 21/01/2011 Though Vakalatnama has been filed on behalf of private respondent no. 7 Smt. Sudha Sinha, no counter affidavit as such has been filed on her behalf. However, counter affidavit on behalf of the State has been filed. Petitioner wants quashing of the order dated 20.02.2009 passed by the District Superintendent of Education, Nawadah as well as the order dated 5.9.2009 passed by the Regional Deputy Director of Education, Magadh Division by virtue of which petitioner has been removed from the post of Headmaster of the newly - 2 - created primary school at Saidpur and a junior teacher, namely, respondent no. 7 Smt. Sudha Sinha has been illegally ordered to be appointed to the said post. Learned counsel for the petitioner has brought evidence on record to show that the petitioner was appointed and joined the school on 30.3.2007 and the private respondent no.7 joined on 31.3.2007. However, by some interpolation and maneuvering an impression was sought to be created by the private respondent that she had joined on 30.3.2007 itself by changing or interpolating the date from 31.3.2007 to 30.3.2007 as would be evident from perusal of annexure-2 which is supposed to be the application of joining of private respondent. If the said application is right in light of annexure-3 which is a composite chart of all the teachers appointed under the Block consisting of various Panchayats, it will be evident that the petitioner had joined on 30.3.2007 and the private respondent on 31.3.2007. That aspect has not been rebutted in the counter affidavit filed on behalf of the respondents. A general statement has been made that since both the petitioner - 3 - and private respondent joined on the same date and the private respondent has better qualification, she has been appointed as Headmistress. Obviously, order of the District Superintendent of Education and Regional Deputy Director have been passed without verifying the records in this regard nor have they been able to establish or dislodge the material which has been brought on record by the petitioner. In view of the same, both the orders of the District Superintendent of Education and the Regional Deputy Director, Magadh Division, contained in annexure-7 dated 20.02.2009 and annexure-9 dated 5.9.2009 respectively are quashed. This writ application is allowed. AMIN/ (Ajay Kumar Tripathi, J.)