IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16119 of 2010 1. KAMLESH KUMAR AZAD S/O SRI GANAURI PRASAD R/O VILL.- BALNA, P.S.- CHANDAUTI, DISTT.- GAYA Versus 1. THE STATE OF BIHAR 2. THE SECRETARY HUMAN RESOURCES DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 3. THE DIRECTOR, PRIMARY EDUCATION GOVERNMENT OF BIHAR, PATNA 4. THE DISTRICT MAGISTRATE, GAYA 5. THE DISTRICT SUPERINTENDENT OF EDUCATION, GAYA ----------- 2 05/05/2011 When the gradation list for grant of B.Sc. trained scale was issued under the signature of the District Superintendent of Education, Gaya, name of the petitioner figured at serial no. 61 but in the remarks column it has been recorded that the petitioner has passed his B.Sc. examination during the service period. Stand of the petitioner is that the petitioner had taken permission from the District Superintendent of Education, Gaya at the relevant time which would be evident from memo no. 2700 dated 4.6.1982, contained in annexure-1 to the writ application. If the petitioner has obtained B.Sc. degree after due permission from the respondents, that cannot be held to be bad now because eligibility of the petitioner - 2 - otherwise is not in issue. This writ application is disposed of with a direction upon the District Superintendent of Education, Gaya (respondent no. 5) that taking into consideration Annexure-1 and verifying the same, if the petitioner approaches him with his objection for removal of the remarks, shall pass necessary order in this regard within a period of two months from the date of filing of such an application with a copy of this order. AMIN/ (Ajay Kumar Tripathi, J.)