IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18396 of 2010 1. KUMARI GITA SINHA W/O LATE YASHWANT PRASAD R/O VILL.- TARDIH, P.O.- UMGA, P.S.- MADANPUR, DISTT.- AURANGABAD Versus 1. THE STATE OF BIHAR 2. THE SECRETARY DEPARTMENT OF PRIMARY EDUCATION, GOVERNMENT OF BIHAR, NEW SECRETARIAT, PATNA 3. THE REGIONAL DEPUTY DIRECTOR EDUCATION, MAGADH DIVISION, GAYA 4. THE DISTRICT SUPERINTENDENT OF EDUCATION, AURANGABAD 5. THE BLOCK EDUCATION EXTENSION OFFICER, MADANPUR, AURANGABAD 6. THE HEAD MASTER KANYA MADHYA VIDALAYA, MADANPUR, AURANGABAD 7. TRIVENI SINGH S/O NOT KNOWN R/O VILL.- TARDIH, P.O.- UMGA, P.S.- MADANPUR, DISTT.- AURANGABAD ----------- 2 20/05/2011 Heard learned counsel for the petitioner and learned counsel for the State. The Court fails to understand as to why the District Superintendent of Education, Aurangabad or the Regional Deputy Director of Education, Magadh Division, Gaya are feeling helpless in implementing their orders, direction or compelling respondent no. 7, Triveni Singh, to hand over charge to the present petitioner, namely, Kumari Gita Sinha. Petitioner has brought certain materials to show - 2 - that she is supposed to be senior to Sri Triveni Singh and it is in this circumstance and looking at the status of the school which is being run or mismanaged, a direction was given upon the private respondent to hand over charge but there is resistance on his part and since the respondents are feeling helpless, therefore, the petitioner has approached this Curt. The Court does not want to put its seal of approval to all the assertions which may have been made in the writ application but surely there is material to show that decision has been taken at some level to effect a change with regard to the fact that who shall be incharge of the school in question which is Girls Middle School, Madanpur in the district of Aurangabad. The District Superintendent of Education, Aurangabad is hereby directed that he will summon the petitioner as well as private respondent no. 7 on the issue and after going through the various orders which have been passed in this regard either at his level or at the level of the Regional Deputy Director of Education, he must ensure that the order is implemented if the facts and the pleadings made in this regard are otherwise found to - 3 - be true. If the assertion of the petitioner is correct, then the District Superintendent of Education is given freedom to ensure that his orders are implemented even it means taking more strict action against respondent no. 7. It is also made clear that respondent no. 7 will be heard on this score before such a decision is taken. This writ application stands disposed of with the direction aforesaid. AMIN/ (Ajay Kumar Tripathi, J.)