IN THE HIGH COURT OF JUDICATURE AT PATNA LETTERS PATENT APPEAL NO.1035 OF 2010 In CIVIL WRIT JURISDICTION CASE NO.16533 of 2009 With INTERLOCUTORY APPLICATION NO.5667 OF 2010 In LETTERS PATENT APPEAL NO.1035 OF 2010 ======================================= SADAN KUMAR SINGH, SON OF LATE BAHADUR SINGH, RESIDENT OF MOHALLA-BAJRANGPUR, GULJARBAGH, POLICE STATION- ALAMGANJ, DISTRICT- PATNA. Versus 1. THE STATE OF BIHAR. 2. THE DIRECTOR, SECONDARY EDUCATION, GOVT. OF BIHAR, PATNA. 3. THE REGIONAL DEPUTY DIRECTOR OF EDUCATION, PATNA DIVISION, PATNA. 4. THE DISTRICT EDUCATION OFFICER, PATNA. 5. KAILASH SINGH, SON OF LATE KALI SINGH, RESIDENT OF VILLAGE UCHAULI, POLICE STATION- MADANPUR, DISTRICT- AURANGABAD. Appearance ================================= MR. RANJAN KUMAR SINGH for the Appellant MR. SUBHASH PRASAD SINGH, G.A.8 for the State. ========================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S.K. KATRIAR Date: 08.07.2010 ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) ORDER IN LETTERS PATENT APPEAL: Heard learned Advocate Mr. Ranjan Kumar Singh appearing for the appellant and learned Government Advocate No.8 2 Mr. Subhash Prasad Singh appearing for the State. In this appeal preferred under clause 10 of the Letters Patent arising out of the judgment and order dated 4th of May 2010 passed by the learned Single Judge in C.W.J.C. No.16533 of 2009 the matter at issue is for appointment of In-charge Headmaster in Government Higher Secondary School, Alawalpur, Patna. The learned Single Judge has recorded finding that the appellant is not qualified to hold the post of Headmaster. The writ petitioner though junior to the appellant, possesses the higher qualification and is eligible for appointment as Headmaster. His name has also been included in the list of eligible candidates for promotion to the post of Headmaster. The process of selection and appointment of Headmaster has already commenced. The aforesaid findings recorded by the learned Single Judge are not in dispute. In view of the above findings the claim of the appellant for appointment as In-charge Headmaster on the basis of seniority alone is not sustainable. The appeal is dismissed in limine. ORDER IN INTERLOCUTORY APPLICATION: Interlocutory Application No.5667 of 2010 stands disposed of. (R.M. Doshit, C.J.) (S.K. Katriar, J.) S.K.Pathak/