IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.446 of 2005 BIRENDRA KUMAR JAIN Versus THE STATE OF BIHAR & ORS ----------- For Petitioner: Mr Ganesh Pd. Singh, Sr.Advocate with Mr Pramod Kumar For Respondent no. 8: Mr Vinod kumar, Advocate 3. 19.09.2008 Learned Senior Counsel Shri Ganesh Prasad Singh prays for leave to delete respondent no. 8 as he is stated to have been subsequently removed from the post of Incharge Headmaster and another person has been inducted in his place which subsequent development is sought to be assailed in I.A., No. 5803 of 2008 by impleading Sri Ram Babu Sah, the new Incharge Headmaster as respondent no. 9. Let respondent no. 8 be deleted at the risk of the petitioner. After hearing learned Counsel for the petitioner and the learned Counsel for the State I.A. No. 5803 of 2008 is allowed. The contention of the petitioner is that being the senior most teacher of the school he is entitled to be considered and appointed as the Headmaster of Marwari Middle School, Sitamarhi. Ignoring his seniority originally respondent no. 8 had been appointed as the Incharge Headmaster for which also the petitioner alone was eligible being senior most teacher. Thereafter this Incharge functioning of respondent no. 8 has been replaced by another Incharge arrangement of another person junior to the petitioner i.e. newly added respondent no. 9. The counter affidavit on behalf of the State respondent does not deny the assertion of the petitioner that he is the senior most but gives an evasive reply that the issue of his seniority and whether he be senior most is being examined. This is the counter affidavit sworn on 24.7.2006. That they have not yet taken final decision with regard to seniority of the petitioner becomes evident from the order dated 14.5.2008 at Annexure 17 to I.A. No. 5803 of 2008 which appoints respondent no., 9 Incharge Headmaster without any reference to the petitioner. In view of nature of the directions to be given hereinafter this Court does not consider it necessary at this stage to issue notice to respondent no. 9 as no prejudice shall be caused to him by this order. No legal right is created by appointment of the person as Incharge Headmaster, as from the very nomenclature itself it is evident that it is only a working arrangement to enable the institution to function properly pending a regular and permanent appointment of Headmaster. It necessarily pre supposes an interim arrangement. The writ application is disposed with directions to the respondents, more particularly respondent no. 4 stated to be the Chairman of the District Education Establishment Committee to appoint a regular Headmaster in the Marwari Middle School, Sitamarhi within a maximum period of two months from the date of receipt and/or production of a copy of this order before him. This Court further directs that in the event that a regular Headmaster is not appointed within the aforesaid period, the interim arrangement shall cease leaving the institution without a Headmaster for which the official respondents alone shall be answerable. Snkumar/- (Navin Sinha,J.)