IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12593 of 2006 RAMASHISH PASWAN, S/O LATE JAGRUP PASWAN, ASSISTANT TEACHER, SIR G.D. PATLIPUTRA INTER STANDARD SCHOOL, KADAM KUAN, PATNA-3, POLICE STATION-KADAM KUAN, DISTRICT PATNA. ............PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY (SECONDARY EDUCATION), HUMAN RESOURCES DEVELOPMENT DEPARTMENT, NEW SECRETARIAT, VIKAS BHAWAN, PATNA. 2.THE DIRECTOR(SECONDARY EDUCATION) HUMAN RESOURCES DEVELOPMENT DEPARTMENT, INTERMEDIATE COUNCIL BUILDING, BUDH MARG, PATNA. 3.THE REGIONAL DEPUTY DIRECTOR OF EDUCATION, PATNA DIVISION, PATNA. 4.THE DISTRICT EDUCATION OFFICER, PATNA. ............RESPONDENTS. ---------- 03/ 05.07.2011 Having heard counsel for the parties and taking into account that even in the old rules, the petitioner did not qualify for being promoted on the post of Headmaster, this Court would not require to go into the issue as to whether there were vacancies which were capable to be filled up by way of promotion from amongst the eligible persons under the old rules before the promulgation of Bihar Vidalaya Rules 2005. It is not in doubt that the petitioner would not have qualified in terms of the amended 2005 rules as he is not a post graduate. Mr. Vijay Kumar Pandey, learned 2 counsel for the petitioner however submits that the petitioner was eligible for being promoted on the post of Headmaster in terms of 1983 rules and to that extent he has also placed reliance on a clarification issued by the Director of Secondary Education in his letter dated 24.11.1986(Annexure-3). In the considered opinion of this Court, a mere clarification issued by the Director of Secondary Education cannot be a substitute of the satutory rules which was framed by the State Government on 09.06.1983(Annexure-A), wherein, it was clearly mentioned that a person in order to be appointed/promoted on the post of Headmaster must have undergone and successfully completed teachers training course or must possess equivalent qualification of such teacher training course as may be declared by the State government. There is no document or Government order on record which can show that the physical training course completed by a PTI was ever sought to be accepted as a regular teacher training course and in that view of the 3 matter, once the petitioner was only holding the post of PTI and was having a qualification of being physically trained teacher, this Court will have no hesitation in holding that the petitioner did not possess the requisite statutory qualification for being appointed/promoted on the post of Headmaster. That being so, there is no merit in the application and the same is accordingly dismissed. Ranjan (Mihir Kumar Jha, J)