IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1019 of 2009 RAJENDRA RAI son of late Sukhdeo Rai, resident of Village Chainpur Hata, P.S. Hathua, District Gopalganj … … Appellant Versus 1. THE STATE OF BIHAR through the Secretary, Human Resources & Development, Government of Bihar, New Secretariat, Vikash Bhawan, Patna 2. The Director, Secondary Education, Human Resources & Development Department, Government of Bihar, Patna 3. The District Superintendent of Education, Siwan 4. The Regional Education Officer, Mairwah, Siwan 5. The Block Education Officer, Mairwah, Siwan 6. The Block Education Officer, Nautan 7. Brajendra Kumar Rai, son of late Krishna Deo Rai, resident of Village and P.O.Semaria, P.S. Nautan, District Siwan … … Respdondents. ----------- 5. 9.2.2011 The present Letters Patent Appeal has been filed against the order dated 3.7.2009 passed by the learned Single Judge in C.W.J.C. No. 4536 of 2009. In the writ petition, respondent no.7 herein, had sought quashing of the order contained in memo no. 2506 dated 11.11.2008 passed by the District Superintendent of Education, Siwan, by which the present appellant had been made in-charge Headmaster of Up-graded Middle School, Semaria-I, Mairwah in place of respondent no. 7. He also sought quashing of the consequential order contained in memo no. 60/Nautan dated 14.2.2009 issued by the Block Education Officer, Nautan, directing him to hand over complete charge of the school to the appellant. The learned Single Judge heard the matter at length and after perusing the materials annexed to the counter 2 affidavit, held that the minutes of the meeting held on 10.2.2009 was only an administrative decision and it could not be made applicable retrospectively. It was further held that the impugned order was issued on 11.11.2008 and till that date no rule was there for deciding that untrained teachers will be deemed to be junior to the trained teachers. In view of the above, the learned Single Judge had quashed the impugned order and held that the writ petitioner was senior in all respects to respondent no. 7 by allowing the writ petition, against which the present Letters Patent appeal has been filed by the present appellant. It was contended that the appellant is senior to respondent no.7 herein. However, as per the date of appointment, respondent no. 7 herein, is senior to the appellant. In the above light, it was held perfectly that any administrative decision could not be made applicable retrospectively and more so when the minutes of the meeting held on 10.2.2009 cold not have any statutory force. In view of the above, we are of the opinion that the order of the learned Single Judge is a well considered order and we do not intend to interfere with the same. However, in view of the conflict of interests between the parties, it is suffice to direct the Secretary, Human Resources and Development Department, Govt. of Bihar, to take action to appoint regular Headmaster in the particular school 3 where both the appellant and respondent no.7 are working by directing the concerned authority in the Education Department itself. This Letters Patent Appeal is, accordingly, dismissed with the above observation.. Kanth ( T. Meena Kumari, J.) ( Dharnidhar Jha, J.)