IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9250 of 2009 PANCHAPATI KUMARI . Versus THE STATE OF BIHAR & ORS . ----------- 3 23.4.2010 Heard counsel for the petitioner, the State and the counsel appearing for Respondent no.5. Petitioner has prayed for quashing of the order contained in memo no. 1120 dated 4.7.2009, issued by the District Education Officer, West Champaran, Bettiah, whereby the order contained in letter No. 1104 dated 3.7.2009 issued by the District Superintendent of Education, West Champaran, Bettiah, directing the petitioner to discharge the duties of In-charge Headmaster, has been cancelled. Petitioner’s case is that being the senior most teacher, she was entitled to discharge the duties of In- charge Headmaster. She is claiming her seniority on the basis of her date of joining as well as on account of her date of birth. There 2 is no dispute that the petitioner is a matric trained teacher and the respondent no.5, who has been asked to discharge the duty of In- charge Headmaster, is a B.A. trained teacher considering, his seniority on account of B.A. trained scale, he has been asked to discharge duty of In-charge Headmaster. Counter affidavit has been filed on behalf of the State, where it has been stated that teachers who have been promoted in the Inter trained scale before 1.1.1986, will be treated senior to the matric trained teachers and in this regard the respondent no.5, who was appointed as Inter trained teacher and subsequently promoted to B.A. trained scale is senior to the petitioner. It has also been submitted that while allowing any teacher to discharge the duties of In-charge Headmaster in any school, seniority has to be considered. It has also to be considered that only such persons allowed to function as In-charge 3 Headmaster, who otherwise also fulfills requisite criteria for the post of Headmaster. Since respondent no.5 fulfills all these criteria, he was asked to discharge the duty of In- charge Headmaster. Admittedly, which is a stop-gap arrangement, till date permanent Headmaster is posted in the School. I do not find any merit in this application. It is dismissed accordingly. (Mridula Mishra,J.) A.Kumar