IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7436 of 2004 Sita Ram Singh, S/o Late Sheo Nandan Singh, Resident of Village Kamalpur, P.O. Earki, P.S. Belaganj, District Gaya. ------- Petitioner Versus 1. The State of Bihar. 2. The Secretary, Department of Human Resources Development, Bihar, Patna. 3. Director, Primary Education, Bihar, Patna. 4. Regional Deputy Director of Education, Magadh Division, Gaya. 5. District Magistrate, Gaya. 6. District Superintendent of Education, Gaya. 7. Area Officer, Town-Block, Gaya. -------- Respondents ----------- 3 26.11.2010 In view of the fact that the petitioner claims pay-scale of the post of Headmaster and he is not a Post Graduate, this Court would find it difficult to allow such prayer in view of the statutory rules framed by the State Government in the year 1993 enforced with effect from 1.1.1986 prescribing Post Graduate qualification to be the minimum qualification for promotion on the post of Headmaster. Additionally, this Court would find that the only claim of the petitioner as with regard to his being made Headmaster is based on his passing of Graduation examination in the year 1991. If the petitioner, therefore, had raised such a grievance after thirteen years and that too when he had retired from 2 service in the year 2001, such a writ application must be held to be also suffering from the vice of unexplained delay and laches. The explanation offered by the learned counsel for the petitioner that some letter was written by the District Superintendent of Education with regard to verification of his certificate in the year 1998 would also not in any way explain the delay in moving this Court for grant of monetary benefit for which ordinarily even a suit could not have maintained by him after three years of accrual of cause of action. That being so, both on account of delay and laches as also in absence of any merit in the claim of the petitioner, this Court is not inclined to interfere and accordingly this writ application is dismissed. Rsh (Mihir Kumar Jha, J.)