Patna High Court CWJC No.15451 of 2006 (4) dt.19-06-2013 IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15451 of 2006 =================================================== RAM JANAM PD. SINHA, RAM JANAM PRASAD SINHA, LATE MEHAR CHAND PRASAD SINGH, INCHARGE HEAD-MASTER, GOVT. HIGH SCHOOL, DEORIA HASANPUR, P.O. BIDAULI MASAURHI, DISTRICT PATNA 804452. .... .... PETITIONER/S VERSUS 1.THE STATE OF BIHAR THROUGH SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, PATNA. 2.DIRECTOR, SECONDARY SCHOOL, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, INTERMEDIATE COUNCIL BHAWAN, BUDHA MARG, PATNA. 3.REGIONAL DEPUTY DIRECTOR (EDUCATION), PATNA, BIHAR, PATNA. 4.DISTRICT EDUCATION OFFICER, PATNA. 5.SUB-DIVISIONAL EDUCATION OFFICER, MASAURHI, PATNA. .... .... RESPONDENT/S =================================================== Appearance : For the Petitioner/s:Mr. Sunil Kumar Ii Mr. Abhoy Kumar Kashyap Mr. Narbdeshwar Pd.Sinha For the Respondent/s:Mr. (Gp12) =================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 4/ 19-06-2013 Heard counsel for the parties After restoring this C.W.J.C No. 15451 of 2006 by a separate order passed today in M.J.C No. 3588 of 2011, the parties have also been heard on merit. The prayer of the petitioner in this writ application reads as follows:- 2(I) NOtification No. 1092 dated 25.06.2005 be modified to the extent that prior to issuance of this notification vacancies of Head Master be filled in accordance with service conditions issued in 1983 for promotion to the post of Head Master vacancies Patna High Court CWJC No.15451 of 2006 (4) dt.19-06-2013 for which arose on or before 25.06.2005. II. All the vacancies of Head Master which arose on or before 25.06.2005 should be filled as per the service conditions of 1983 Notification. III. Notification dated 12.10.2004 No. 1635 by which the qualification for the post of Head Master has been enhanced from Trained Graduate to Trained master's Decree Holder be also modified t the extent that the vacancies arising prior to 12.10.2004 be identified and the same be filled in accordance with the service conditions of 1983 Notification for promotion to the post of Head Master. IV. The notification dated 25.06.2005 be further modified by which the service conditions brought into existence in 1983 clause (VII) has been modified to the extent that only 50% posts shall be filled by direct recruitment instead of 20%." Learned counsel for the petitioner in support of the aforementioned prayer has submitted that even when the name of the petitioner had figured at serial no. 23 of the State Gradation list for promotion on the post of Headmaster, the petitioner was deprived promotion only on the ground that the cadre rules regarding promotion was amended on 25.06.2005, whereby and whereunder, amongst other thing the qualification for the post of Headmaster was enhanced from Graduate Trained to Post Graduate Trained. He has submitted that the vacancies were already existing prior to the amendment of the rules Patna High Court CWJC No.15451 of 2006 (4) dt.19-06-2013 dated 25.06.2005 and therefore, the case of promotion of the petitioner ought to have been considered on the basis of the unamended rules. This Court will however not find any merit in the submission of learned counsel for the petitioner that the right of consideration of promotion of the petitioner would only emerge on the date when his case is placed with others. In the State of Bihar after take over of the private secondary Schools, 1983 Seva Sart Niyamawali was framed which envisaged preparation of joint gradation list for the purposes of giving promotion on the post of Headmaster which was a state level post and therefore, if no junior to the petitioner was promoted prior to the date of amendment of the rules and everyone either senior or junior to the petitioner has been subjected to the rigors of the amended rules, no exception can be made in the case of the petitioner. That being so, this Court would also not find any merit in the challenge of the petitioner for amendment in the rules by enhancing the qualification for the post of Headmaster. It is for the appointing authority to lay down the qualification for any post. Moreover in High school the headmasters must be qualified and thus Patna High Court CWJC No.15451 of 2006 (4) dt.19-06-2013 Post Graduate trained teacher would only fit the bill of such requirement for holding the post of headmaster. Thus for the reasons indicated above, this Court does not find any merit in the application and the same is, accordingly, dismissed. Ranjan (Mihir Kumar Jha, J)