IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13097 of 2009 SITA RAM PRASAD YADAV, Son of late Rameshwar Prasad Yadav, resident of village + P.O. + Anchal – Ishlam Nagar, P.S. Chandradeep, District – Jamui. Posted as Assistant teacher (I/C) Headmaster Utkramit Middle School – Itanbandh, P.S. Chandradeep, Anchal – Ishlamnagar, District – Jamui. ….. Petitioner. Versus 1. THE STATE OF BIHAR. 2. The Director, Primary & Secondary Education, Govt. of Bihar, Patna. 3. The District Superintendent of Education, Jamui. 4. The Block Education Extension Officer, Ishlampur, Jamui. 5. Hari Mahtha, the Assistant teacher, Utkramit Middle School, Itabandh, Anchal – Ishlam Nagar (Aliganj), District – Jamui. …. Respondents. ----------- 02/ 05.01.2010 Counsel for the petitioner is permitted to implead Hari Mahtha as respondent no. 5. Heard counsel for the petitioner and counsel appearing for the State. Petitioner has prayed for quashing of order dated 29.7.2009 issued by the Block Education Extension Officer, Aliganj, Jamui, in the light of the direction of District Superintendent of Education, Jamui contained in Memo No. 850 dated 2.7.2009, whereby the petitioner has been asked to hand over charge of Incharge Headmaster to respondent no. 5 Hari Mahtha. Petitioner’s case is that being the only trained teacher in the school, only the petitioner is eligible for discharging the duties of Incharge Headmaster. The issue for consideration in the present writ application relates to the inter se seniority and eligibility - 2 - between the petitioner and respondent no. 5. As such petitioner is directed to represent his case before the Director, Primary and Secondary Education, Govt. of Bihar, Patna. In case such representation is filed by the petitioner the respondent no. 2 will issue notices to the petitioner as well as respondent no. 5, fixing a date for hearing, whosoever is found eligible will be allowed to discharge the duties of Incharge Headmaster of the Utkramit Middle School, Itabandh in the district of Jamui, till the date the regular Headmaster is appointed in the school. The petitioner must file his representation within two weeks from today and the representation must be disposed of within four weeks from the date of the filing of the representation along with the order passed by this Court. This application is disposed of. DKS/ (Mridula Mishra, J.)