IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15511 of 2008 ASHA KUMARI Versus THE STATE OF BIHAR & ORS ----------- 4/ 4/2/2009. Heard learned counsel for the petitioner and learned counsel for the State. The petitioner, who was a supervisor in the Adult Education Programme, came to be absorbed in Government service by an order dated 3.4.2007. The order required her to acquire the qualification of a trained teacher within a period of 4 years. She was given an initial posting when on account of non- availability of vacancy at the relevant place, she was asked to join as a Block Education Extension Officer on 21.8.2007 at Motipur-2 in the district of Muzaffarpur. The petitioner was then transferred by an order dated 20.9.2008 to the Government Basic School, Bhawanipur in the district of East Champaran as the Head Master. Before she could join her new posting the order of transfer was cancelled on 1.10.2008. She thus continued at Motipur-2. Fresh orders for her posting as the Head Master in the Government Basic School, Bhawanipur, East Champaran has been passed on 20.11.2008. Learned counsel for the petitioner submits 2 that the petitioner was given 4 year’s time to acquire qualification of a trained teacher. That much less being a trained teacher, she does not hold the qualifications for appointment on the post of Head Master. Learned counsel for the State submits that the petitioner, absorbed in the Subordinate Education Service, was liable to be posted any where in accordance with her service conditions. The petitioner was being posted as a Head Master in a basic school. The Government orders themselves provide that such postings could be made in the larger public interest. That the petitioner in her option had herself indicated preference for posting on the post of Head Master in any basic school. The only issue that remains now is ‘what are the qualifications for appointment as a Head Master who is a team leader as distinct from other teachers in the school. Whether the petitioner fulfilled the qualifications required for appointment as a Head Master as distinct from a teacher.’ This bar shall be absolute if the requirements are statutory in nature. The respondents are, therefore, required to examine the issue of posting of the petitioner only with regard to the aspect of the post of Head Master and if the petitioner fulfils the statutory qualifications for the 3 same. In the event that the respondents are so satisfied of her eligibility for appointment to the post of Head Master, they shall be required to pass a reasoned and speaking order. If they are satisfied otherwise that the petitioner does not hold necessary qualification for the post of Head Master, appropriate orders for her continuance/posting shall be passed accordingly. The writ application stands disposed. KC ( Navin Sinha, J.)