IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6348 of 2003 BANARSILAL RAJAK, son of late Mishri Lal Rajak, resident of village Baro Southern, Sah Nagar, Near Durga Asthan, P.S. Barauni, District Begusarai at present working as Assistant Teacher, Rajkiyakrit Madhya Vidyalaya, Baro, Begusarai … Petitioner Versus 1. THE STATE OF BIHAR 2. The Director, Primary Education, Human Resources Development Department, Govt. of Bihar, Patna 3. The Regional Deputy Director of Education, Darbhanga 4. The District Superintendent of Education, Begusarai 5. The Block Education Extension Officer, Teghra, District Begusarai 6. The Headmaster, Rajkiyakrit Madhya Vidyalaya, Baro, P.S. Barauni, Begusarai … Opp.Party. ----------- 3. 18.8.2010 Heard counsel for the petitioner and the counsel for the State. The counsel for the petitioner at present has got no instruction and does not intend to press the writ application. Even otherwise the prayer of the petitioner in this writ application for regularization of his service is wholly misconceived, inasmuch as he was actually never appointed in the Government service. The claim of the petitioner for such appointment by way of regularization that there was some policy of the Government that if a matriculate Scheduled Caste person 2 would be able to get 30% of the Scheduled Caste students admitted in a school he would be entitled for appointment on the post of teacher, cannot be held to be a mode of appointment in terms of Articles 14 and 16 of the Constitution of India. There is no Government circular to this effect and at least none has been enclosed in the writ petition. Thus, it is difficult for this Court to allow the prayer of the petitioner when there is no such Government decision prescribing the special mode and manner of appointment on the post of teacher, contrary to the Rules framed under proviso to Article 309 of the Constitution of India. For all these reasons this Court would not find any merit in this writ application and the same is accordingly dismissed as not pressed. (Mihir Kumar Jha,J.) Surendra/