Letters Patent Appeal No.242 OF 2003 01. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, BIHAR, PATNA 02. SECRETARY, SECONDARY EDUCATION, BIHAR, PATNA 03. DIRECTOR, SECONDARY EDUCATION, GOVERNMENT OF BIHAR, PATNA 04. REGIONAL DEPUTY DIRECTORY OF EDUCATION, CHAPRA 05. DISTRICT INSPECTRESS OF SCHOOLS, SARAN, CHAPRA 06. PRINCIPAL, RAJKIYA MADHYA VIDYALAYA, GOPALGANJ, DISTRICT- GOPALGANJ ---------------RESPONDENTS/APPELLANTS Versus 01. RAJPATI DEVI, WIFE OF SHRI SHIV SHANKER RAM, RESIDENT OF VILLAGE- HAZIAPUR, KHAS, WARD NO.-3, P.S.- GOPALGANJ, DISTRICT- GOPALGANJ --------PETITIONER/RESPODENT IST SET 02. DIRECTOR, PRIMARY EDUCATION, GOVERNMENT OF BIHAR, PATNA 03. DEPUTY DIRECTOR OF EDUCATION, PRIMARY EDUCATION, GOVERNMENT OF BIHAR, PATNA -----------PROFORMA RESPONDENTS 2ND SET For the Petitioners:- Mr. Tekriwal & Mr. Alok Kumar, J.C. to SC-1 For the Respondents:- Mr. Rakesh Kumar Samrendra & Mr. Manager Sah, Advocates ----------- P R E S E N T THE HON'BLE MR. JUSTICE NAVIN SINHA THE HON'BLE MR. JUSTICE DINESH KUMAR SINGH Navin Sinha & Dinesh Kumar Singh, J.J. Heard learned counsel for the appellants and learned counsel for the respondents. The might of the State questions the direction of this Court for appointment with regard to a 2 Sweeper on a Class-IV post. We have gone through the order under appeal. Suffice it to say that what is urged by the appellants as an appointment contrary to law was the creation of the officers of the respondents. We would have appreciated the bona fides of the state if it had while preferring the present appeal, it had simultaneously lodged an F.I.R. against its officers whose conduct has led to the institution of the present appeal. The appellants cannot have their Cake and eat to it too. The order only reminds them of their Constitutional duties. The appeal is dismissed. Patna High Court, Dated 22nd April, 2010 N.A.F.R. P.K. ( Navin Sinha, J.) (Dinesh Kumar Singh, J.)