IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11917 of 2002 Smt. Lalita Kumari, W/o Sri Sri Ashok Kumar Tiwary, Resident of Village and P.O. Panjwar, Distt. Siwan at present working s Incharge Head Mistress Project Kastruwa Girls High School, Panjwar, District Siwan. ---------- Petitioner Versus 1. The State of Bihar through Commissioner, Secondary Education, Bihar, Patna. 2. Director, Secondary Education, Bihar, Budh Marg, Patna. 3. Regional Deputy Director Education, Saran Pramandal, Chhapra. 4. District Education Officer, Siwan. 5. Ramayan Yadav, Assistant Teacher, Project Kasturwa Girls High School, Panjwar, Siwan. ----------- Respondents With CWJC No.6884 of 2009 Deo Narayan Pathak, Son of Sri Gouri Shankar Pathak, Resident of Village Nonia Patti, P.S. Siwan, District Siwan. --------- Petitioner Versus 1. The State Of Bihar through the Secretary, Secondary Education Department, Govt. of Bihar, Patna. 2. The Director, Secondary Education Department, Govt. of Bihar, Patna. 3. The Regional Deputy Director of Education, Saran Division, Chapra. 4. The District Education Officer, Siwan. 5. Smt. Lalita Kumari, Wife of Sri Ashok Kumar Tiwari, Resident of Village and Post Panjwar, District Siwan. 6. Ramayan Yadav, Son of not known, the Assistant Teacher, Project Kasturwa Girls High School, Panjwar, District Siwan. -------- Respondents ----------- 4 28.06.2010 CWJC No. 11917 of 2002 At the outset, Mr. M.P. Shukla, learned counsel for the petitioner in this case, would submit that he does not intend to press this application due to subsequent events and the notification of the authority placing the petitioner on the post of In- 2 charge Headmaster of Project Kastruwa Girls High School, Panjwar in the district of Siwan. That being so, this application is dismissed as not pressed. CWJC No. 6884 of 2009 Heard Mr. Sanjay Singh, learned counsel for the petitioner and counsel for the State as also counsel for the private respondent nos. 5 & 6. Mr. Singh, while assailing the impugned order passed in favour of the respondent no.5, would submit that once it is admitted fact that the date of appointment of the petitioner in the Project Kasturwa Girls High School, Panjwar, Siwan (hereinafter to be referred as ‘the school’) is earlier to the respondent no.5, any working arrangement by way of even in-charge has to always be made by placing the petitioner in that capacity till the respondent would make a permanent arrangement on the post of Headmistress of the said school. Per contra, Mr. M.P. Shukla, learned counsel for the respondent no.5 would submit 3 that it is the Government Policy that in a project girls high school, only lady teacher and/or headmistress have to be posted and only when such lady teachers are not available that the male teacher can be assigned the duty in the interest of the school. In this context, he would refer to various provisions of the Government decision dated 4.2.1989. In the opinion of this Court, first of all the working arrangement on the vacant post of Headmistress in a project girls high school being itself a temporary arrangement till the filling up of the post of Headmistress on a permanent post has to serve the interest of the school. Admittedly, this is a girls high school and the Government Policy also envisages manning of the said post by the ladies. If, therefore, the petitioner whose seniority at one point of time was made conditional subject to his getting the training qualification as on 1.1.1983 and the difference between the date of appointment of the petitioner and the respondent no.5 be only of one month, if the competent authority 4 has, in the interest of school, posted the respondent no.5, admittedly an approved lady teacher of the school whose name was placed at serial no.1 in the order of absorption of the school dated 13.5.1993, this Court would not interfere with such arrangement but then, as it may cause humiliation to the petitioner to work under a junior, if he approaches the respondent, namely, Director, Secondary Education for transfer from the said project school, such authority will consider this aspect and pass an order so that the further demoralization of the petitioner of having a feeling of working with the junior does not continue. With the aforementioned observations and directions, this application is disposed of. Rsh (Mihir Kumar Jha, J.)