IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7767 of 2010 1. SURYA NATH PRASAD NISHAD S/O SRI RAM NIHORA R/O VILL.- PARASKHAND, P.S.- KUSHINAGAR, DISTT.- DEWARIYA, AT PRESENT POSTED AS ASSISTANT TEACHER, S.S. GIRLS HIGH SCHOOL, GOPALGANJ Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 2. THE DIRECTOR, SECONDARY EDUCATION HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 3. THE REGIONAL EDUCATION DEPUTY DIRECTOR SARAN DIVISION AT CHAPRA 4. THE DISTRICT EDUCATION OFFICER, GOPALGANJ ----------- 3 19/04/2011 This writ application has been filed by the petitioner for a direction upon the respondents to consider his case for granting promotion on the post of Headmaster keeping in view his long service, training and experience. Claim of the petitioner is that he belongs to Bind Caste (Mallah), a resident of Uttar Pradesh and is a Scheduled Caste. He claims that he ought to be given promotion against vacancies existing in the reserved category, if not in the general category. Stand of the State in the counter affidavit is that the petitioner may be a Scheduled Caste in the State of - 2 - Uttar Pradesh but he cannot carry that status in the State of Bihar since such a caste is not notified to be a Scheduled Caste within the State of Bihar. So far as the petitioner is concerned as there is no dispute on this issue in view of not only the notification of the State of Bihar but also the various decisions which have come to be rendered in such disputes by this Court. Some such order is annexure to the counter affidavit of the State. If that is the stand of the State, then obviously the petitioner cannot claim benefit of promotion under the reserved category of Scheduled Caste but whether the petitioner has a right of promotion based on his seniority position in terms of the gradation list is yet another issue. The statement made at the Bar on behalf of the petitioner is that many a persons above the petitioner have already begotten benefit of promotion and he too is in line. It goes without saying that the moment the turn of the petitioner comes for consideration for promotion and if he fulfills all other requirements, then his case may be considered on merit but so far as the benefit under reserved category is concerned, the Court is in agreement with the stand of the State that the petitioner cannot jump - 3 - the queue on the basis of caste and the notification issued by the State of Uttar Pradesh. This writ application is disposed of with the observation aforesaid. AMIN/ (Ajay Kumar Tripathi, J.)