IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9216 of 2002 RANJU BALA VERMA, D/o Mahesh Charan Verma, resident of Mohalla Balbhadrapur, P.S. Laheriasarai, District Darbhanga, at present posted as Assistant Ladies Teacher Adarsh Madhya Vidalay, Bhirkhi Bazar, Anchal Madhepura, District Madhepura … Petitioner Versus 1. THE STATE OF BIHAR through the Secretary, Human Resources Department, Bihar, Patna 2. The Director of Education (Primary), Human Resources Department, Bihar, Patna 3. The Regional Deputy Director of Education, Saharsa (Koshi Division) 4. The District Magistrate, Madhepura 5. The District Education Officer, Madhepura 6. The District Superintendent of Education, Madhepura 7. The Area Officer of Education, Madhepura … Respondents. ----------- 3. 21.6.2010 No one appears for the petitioner. Counsel for the State is present. In this writ application the only prayer made by the petitioner is for giving promotion on the post of Headmaster. There is nothing in this writ petitioner which can show that the petitioner was eligible for such promotion and in fact on her own showing it would become clear that at one point of time on 3rd September, 1995, vide Annexure 8 to the writ application, she was given a provisional order of posting on the post of Headmaster by giving adhoc promotion with effect from 1.1.1994 but such order being based on a 2 purely tentative gradation list was sought to be immediately kept in abeyance as is apparent from the impugned order dated 6th September, 1995 (Annexure 9). The petitioner in fact has assailed the said order of 1995 after a period of seven years and that too without giving any detail as to how she was entitled to get promotion as a matter of right. The posting of Headmaster in a Middle School and grant of B.Sc. or B.A. trained scale are two different things and therefore, once the petitioner’s promotion for grant of B.Sc./ B.A. trained pay scale is still to be given to petitioner there would be no question of her being made the Headmaster. In any event the issue as with regard to the petitioner being eligible or otherwise for the post of Headmaster in the year 2002 when this writ application was filed would no longer remain valid even till date in the year 2010 and therefore, this Court would only observe that the respondents without being prejudiced by anything said in this writ application would 3 be under obligation to reconsider the prayer of the petitioner for grant of promotion and/or posting on the post of Headmaster if they find that someone admittedly junior to the petitioner on the basis of a final gradation list has already been posted as a Headclerk. With the aforementioned observations and directions, this application is disposed of. (Mihir Kumar Jha,J.) Surendra/