IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2705 of 2009 SAROJ SHRIVASTAVA, WIFE OF SHRI UMESH CHANDRA PRASAD, RESIDENT OF MOHALLA – AGARWA, P.S. MOTIHARI TOWN, DISTRICT – EAST CHAMPARAN. ………. PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE SECRETARY, DEPARTMENT OF HUMAN RESOURCES, GOVERNMENT OF BIHAR, PATNA. 3. THE DIRECTOR (SECONDARY EDUCATION), HUMAN RESOURCES DEPARTMENT, BIHAR, BUDHA MARG, PATNA. 4. THE DEPUTY DIRECTOR (SECONDARY EDUCATION), HUMAN RESOURCES DEPARTMENT, BUDHA MARG, PATNA. 5. THE REGIONAL DEPUTY DIRECTOR OF EDUCATION, TIRHUT DIVISION, MUZAFFARPUR. 6. THE DISTRICT EDUCATION OFFICER, EAST CHAMPARAN AT MOTIHARI. 7. DEODUTTA PANDEY, SON OF LATE RADH GOBIND PANDEY, RESIDENT OF MOHALLA NAYKA TOLA, WARD NO. 6, P.O. AND P.S. SUGAULI, DISTRICT – EAST CHAMPARAN. ………….. RESPONDENTS. ----------- 05/ 15.07.2011 Heard counsel for the petitioner and counsel appearing for the State. Despite proper service of notice Respondent No. 7 did not choose to appear in this case. Counter affidavit has been filed on behalf of State. The issue involved in this writ application is inter se seniority of petitioner and Respondent No. 7 after untimely death of the permanent Headmaster of the School Deen Dayal Project Girls High School, Sugauli. The dispute arose in between the petitioner and the respondent no. 7 as both started claiming to be senior and eligible for being appointed as Incharge Headmaster of the School. In this regard an order was 2 passed by the Director, Secondary Education vide Memo No; 247P dated 24.9.2007 (Annexure-10) holding petitioner senior to Respondent No. 7 and also directing to appoint her as Incharge Headmaster of the School. The respondent no. 7 filed C.W.J.C. No. 15419 of 2007 claiming himself to be senior and for a direction to appoint him as Incharge Headmaster of the school. The writ application was disposed of without deciding the issue relating to seniority of the petitioner as well as respondent no. 7. However, the respondents were directed to issue the issue within six months. In the light of the direction in C.W.J.C. No. 15419 of 2007 the Director, Secondary Education has passed order contained in Memo No. 25(P) dated 27.01.2009 (Annexure-17), whereby respondent no. 7 has been considered consider to the petitioner. This order is under challenge in the present writ application. Counter affidavit has been filed on behalf of the State in support of the order contained in Annexure- 17. However, the petitioner has filed supplementary affidavit in order to apprise the Court regarding appointment which has taken place during the 3 pendency of the writ application, a final gradation list of teachers eligible to be promoted to the post of Headmaster has been published under the signature of Director, Secondary Education. In the seniority list the name of petitioner is at serial no. 1456 but so far respondent no. 7 is concerned, his name is not included in the list of candidates eligible to be promoted to the post of Headmaster. The inter se seniority of the petitioner as well as respondent no. 7 has thus been decided on the basis of the seniority list annexed as Annexure-21 to the supplementary affidavit. I find that there is no reason for deciding the issue of seniority otherwise than as published in the gradation list. Petitioner is held to be senior and eligible to be promoted to the post of Headmaster. In this circumstance, posting of petitioner or respondent no. 7 as Icharge or ad hoc Headmaster of the school looses its significance. The nature of Annexure-17 the impugned order under challenge was admittedly, which has already been decided by the gradation list prepared by the State. In this view of the Annexure-17 is quashed. 4 This writ application is allowed. The seniority of petitioner has already been decided as senior to Respondent No. 7 as per the gradation list. DKS/ ( Mridula Mishra, J.)