IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.20248 of 2011 Prem Kumar, S/O Late Shyam Kishore Prasad Singh, R/O Village- Mirgunj, P.O.- Wazirgunj, District- Gaya, Bihar -----petitioner Versus 1. The State of Bihar through the Secretary Secondary Education, Bihar, Patna 2. The Director, Secondary Education, Bihar, Patna 3. The District Superintendent of Educaton, Gaya, Bihar 4. The District Education Officer, Gaya, Bihar 5. The Regional Deputy Director of Education, Gaya, Bihar ---respondents ---------------------------------- For the petitioner : Mr.Rajesh Bharadwaj, Advocate For the State :Mr.Sanjeev Kumar Mishra,AC to SC8 ------- 3 20.12.2011 Pursuant to the direction of this Court the Regional Deputy Director of Education, Gaya is personally present along with his counter affidavit. Heard learned counsel for the petitioner and learned counsel for the State. The petitioner seeks a direction on the respondent authorities to give him the post of In-charge Headmaster of the school in which he is working. It is submitted by learned counsel for the petitioner that the senior-most teacher Ravindra Nath Singh had by his letter dated 22.7.2011 expressed his inability to take charge on the post of In-charge Headmaster stating that the person next to him in seniority may be given the charge. The 2 petitioner is admittedly the second senior-most teacher in the said school. In the counter affidavit filed on behalf of the respondent Regional Deputy Director of Education it is stated that after the aforesaid letter dated 22.7.2011 Ravindra Nath Singh had sent another letter dated 25.8.2011 in which he has stated that in case there is any technical reason for not making the petitioner In-charge Headmaster then being the senior-most his name should be recommended for the post of In-charge Headmaster and the letter dated 22.7.2011 be not given effect to. Thereafter the authorities have issued the letter dated 8.11.2011 by which the said Ravindra Nath Singh was made In-charge Headmaster of the school. In my view, since the senior-most teacher Ravindra Nath Singh has been made the In-charge Headmaster of the school in question, the petitioner does not have any claim on the said post and thus the relief sought for by him cannot be granted. The authorities cannot be directed to appoint the petitioner as the In-charge Headmaster even if he may have been informally working on the said post as no right can arise in him on account of 3 such informal working. In the aforesaid circumstances, the writ application being without merit is dismissed. The personal appearance of the Regional Deputy Director of Education, Gaya is dispensed with. Spal/ (Ramesh Kumar Datta, J.)