IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10844 of 2006 KRISHNA KUMAR, son of Late Chandrika Prasad Tiwari, resident of village & P.O. Dighi Kalan East, P.S. Sadar (Hajipur), District Vaishali. Versus 1. THE STATE OF BIHAR 2. The Secretary, Human Resources Development Department, Vikas Bhawan, Patna. 3. The Director, Secondary Education, Government of Bihar, Patna. 4. The District Education Officer, Vaishali at Hajipur. 5. The District Superintendent of Education, Vaishali at Hajipur. ----------- 2 24.8.2010 Heard counsel for the petitioner and counsel for the State. Prayer of the petitioner in this writ application reads as follows:- “That this is a writ petition on behalf of the petitioner for issuance of a writ of Mandamus or writ in the nature thereof or any other appropriate writ/ order/ direction, commanding the respondents to grant „merit number‟ on the basis of the marks obtained by the petitioner in different examinations taken by Kameshwar Singh Darbhanga Sanskrit Vishwavidyalaya, Darbhanga and Bihar Vishwavidyalaya, Muzaffarpur for preparation of the panel for appointment as Teacher.” Counsel for the petitioner in this context would submit that since the petitioner had acquired his qualification of SHASTRI AND ACHARAYA fkrom Kameshwar Singh Darbhanga Sanskrit University, for him the mode of calculation of his merit point should be separate and different than one provided under Rule 6 of BIHAR NAGAR NIKAI MADHYAMIK AWAM UCHCHATAR MADHYAMIK SHIKSHAK (NIYOJAN AWAM SEWA SHARTE) NIYAMAWALI, 2006. In the opinion of this Court, such submission could 2 have been worth appreciation had rule-4 provided for any other equivalent qualification to be also eligible for the post of a teacher. Rule 4 as a whole in fact does not envisage appointment of any other person, save and except, being graduate from a recognized University with a minimum of 45% marks. There is no mention of any equivalent qualification in such Rule 4 (Ka) (ii) and as such the mode of preparation of panel by giving merit point under Rule 6 also does not suffer from any infirmity. Counsel then would submit that subsequently such rule has been amended by also making the Shastri and Acharya degree holders from Kameshwar Singh Darbhanga Sanskrit University eligible for the post of teacher. In view of the fact that these things are not incorporated in this writ application, any grievance of the petitioner as with regard to norms of giving merit points and/or his non inclusion in the merit list of the post of teacher on the basis of modified rules can be definitely agitated by the petitioner by filing a fresh writ application. Recording the aforementioned liberty, this application must be held to have become infructuous and is dismissed accordingly. Abhay Kumar ( Mihir Kumar Jha, J.)