IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14572 of 2009 1. ARJUN JHA S/O LATE BHARAV JHA VILL- MANIKPUR, P.S. SHAKUND, DISTT. BHAGALPUR. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY DEPTT. OF HUMAN 1. RESOURCES, GOVT. OF BIHAR, PATNA 2. THE SECRETARY DEPTT. OF HUMAN RESOURCES, GOVT. OF BIHAR, PATNA 3. THE DIRECTOR DEPTT. OF HIGHER EDUCATION, BIHAR, PATNA 4. THE REGIONAL DEPUTY DIRECTOR OF EDUCATION BHAGALPUR 5. THE DISTRICT EDUCATION OFFICER BANKA 6. SHRI AMAR KUMAR S/O SRI MAHKU MANDAL AT PRESENT POSTED AS 7. ASSISTANT TEACHER, HIGH SCHOOL, KHESHAR, BANKA ----------- 02/ 04.02.2010 Heard counsel for the petitioner and the counsel appearing for the State. Petitioner had earlier moved before this Court for similar relief in C.W.J.C. No. 18760 of 2008 which was disposed of by order dated 18.02.2009, considering the fact that petitioner had already represented before the Director, Secondary Education, Bihar, Patna, for relief. The representation of the petitioner was directed to be disposed of within four weeks from the date of the order. In the light of the direction in the earlier writ application, the Director, Secondary Education, Bihar Patna, has disposed of the representation, filed by the petitioner. By impugned order dated 01.10.2009 vide Order No. 517 (Law), the claim of the petitioner for his appointment as In-charge Head Master of the school has been rejected and respondent No. 6, already discharging the duties of the In-charge Head Master, was allowed to continue on the post, till a permanent Head Master is appointed in the school. The finding recorded by the Director, Secondary - 2 - Education, Bihar, Patna, is that the petitioner is untrained teacher having Acharya degree and respondent No. 6 is graduate trained teacher. As per the department’s resolution, teachers having Acharya/Fazil and untrained physical educated teacher, cannot be made In-charge Head Master unless they are trained. Admittedly, petitioner is not a trained teacher. I find no error in the order, whereby the continuation of respondent No. 6 as In-charge Head Master of the High School has been allowed. This application is dismissed. Sanjeet/ (Mridula Mishra, J.)