IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No 11291 of 2008 Dr Ram Prawesh Yadav, son of Shri Ram Chandra Yadav, resident of Village and Post Officer at Kantakosh, Police Station – Manihari, District – Katihar and at present at Mohalla – Naya Tola Line Bazar, Purnia, Police Station – Khajanchi Hat, District – Purnia -Petitioner Versus 1 The State of Bihar through the Secretary, Department of Secondary, Primary and Adult Education, New Secretariat Building, Patna 2 The Bihar School Examination Board, Patna through the Chairman, Bihar School Higher Education Board, Budh Marg, Patna 3 Surya Narayan Singh Yadav College, Rambag, Purnia through its Secretary residing at Mohalla – Madhubani Shastrinagar, Police Station – Khajanchi Hat, District – Purnia 4 Dr Shio Narayan Yadav, Secretary of Surya Narayan Singh Yadav College at Rambag, Purnia residing at Mohalla – Madhubani Shastrinagar, Police Station – Khajanchi Hat, District – Purnia 5 The Ad-hoc Committee of the Surya Narayan Singh Yadav College, Rambag, Purnia through the Sub Divisional Magistrate, Sadar, Purnia 6 The Sub Divisional Magistrate, Sadar, Purnia 7 Dr Awdhesh Kumar Biswas, son of late Chhedi Lal Biswas, resident of village – Barsauni, Police Station – Sadar, District – Purnia -Respondents *** For the petitioner : Mr A P Ambastha, Advocate For the S t a t e : Mr Bijay Kr Sinha, AC to AAG – 9 For respondent No 7 : M/s Ram Bilash Mahto & Chandan Kr Verma, Advocates *** 12 19.05.2011 By this writ petition, the petitioner challenges the appointment of respondent No 7 as the Incharge Principal of an Intermediate College. Respondent No 7, upon superannuation of the earlier permanent Principal, has been made Acting Principal by the Subdivisional Officer who is the Chairman of the Ad-hoc Management Committee as constituted by the Bihar Intermediate Education Council as it then existed. Petitioner asserts that he is senior and should have been appointed as the Acting Principal. Counter affidavits are on record. With consent of parties, the writ petition has been heard for disposal at this stage itself. 2 Having considered the matter, in view of the order that I propose to pass, I do not propose to interfere in the matter. The arrangement, as made, is purely ad hoc. It is neither a promotion nor an appointment. The question of inter se seniority is not of that importance. However, the pertinent question is as to how long this ad hocism would continue. We are already three years from the cause of action. The ad hocism, in my view, has continued for a period longer than that was necessary. It is this that gives rise to heart burning. In such a situation, I direct the Bihar School Examination Board (respondent No 2), in whom all the powers and functions of the Bihar Intermediate Education Council has now vested, to immediately take up the matter and see that a permanent Principal is found and appointed in the said College. It should further take all necessary steps to constitute a permanent Governing Body removing the ad hoc Body as ad hocism is not the Rule but an exception. The Chairman of the Bihar School Examination Board would take all expeditious steps in this matter and ensure that a permanent Principal is appointed for the College/School in question within a period of three months from the date of production of a copy of this order before him and, in the same time, take all effective steps to get a permanent Governing Body constituted in accordance with law. It shall be the responsibility of the Chairman to ensure strict adherence to the time schedule, as indicated above. With these directions and observations, the writ petition stands disposed of. M.E.H./ (Navaniti Prasad Singh)