IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1005 of 2008 1. Nav Bharat, son of late Jai Singh, resident of Village- Khapura, P.O. Khapura, P.S. Nagarnausa, District - Nalanda. 2. Rajesh Kumar, son of late Mushahari Singh, posted at Balak Madhya Vidyalaya Sharifabad, Anchal-Malsalami, Patna City, Patna-8. 3. Upendra Prasad, son of Sri Kameshwar Rai, posted at Arya Saskritic Middle School, Masurganj, Anchal- Malsalami, Patna City, Patna-6. 4. Mushtaf Ahmad, son of Abdul Sattar, Rajkiya Madhya Vidyalaya, Madhopur, P.O. Rukunpur, Patna ------ Petitioners. Versus 1. Aajani Kumar Singh, Education Commissioner, Human Resources Development, Government of Bihar, New Secretariat, Bailey Road, Patna. 2. Ashok Kumar, the Director, Primary Education, Govt. of Bihar, New Secretariat, Bailey Road, Patna. 3. Jitendra Kumar Sinha, the Chairman of the District Education Establishment Committee and the District Magistrate, Collectoriate, Patna. 4. Ram Sagar Singh, the District Superintendent of Education, Patna. 5. The State of Bihar through Anjani Kumar Singh, Education Commissioner. ---------- Respondents. ----------- 6. 15.9.2010 Heard Mr. Ram Padarath Singh for the petitioners, and Mr. Prasoon Sinha, learned Government Advocate No.3. This application under Section 12 of the Contempt of Courts Act, read with Article 215 of the Constitution of India, has been filed by the petitioners of C.W.J.C. No. 7159 of 2000 (Shri Jai Singh & Others Vrs. The State of Bihar & Ors.), for the alleged disobedience of the order dated 12.7.2007, whereby the writ petition was 2 disposed of with the liberty to the petitioners to submit their separate representations before the District Superintendent of Education, Patna, who shall dispose of the same by reasoned order(s) within a period of four months from the date of submission of the same. We have perused the materials on record and considered the submissions of learned counsel for the parties. The petitioners’ claim is for promotion to the post of the headmaster. They preferred the said C.W.J.C. 7159 of 2000, which was disposed of by order dated 12.7.2007, in the aforesaid manner. It appears from the cause shown by the contemners and I.A. No.7787 of 2010, filed in the present case, that the authorities could not proceed ahead with disposal of the representation(s) because preparation of the consolidated gradation list were hit by two conflicting decisions of two different Division Benches of this Court, as a result of which the matter was referred to the Full Bench for an authoritative pronouncement. The Full Bench has decided the matter on 21.4.1009, in Ram Nath Prasad Singh Vs. The State of Bihar, 2009(3) P.L.J.R. 384. Soon thereafter the contemner disposed of the representation(s) of the petitioners by order dated 21.8.2010, whereby the same 3 has been rejected. It thus appears to us that the apparent delay of disposal of the representation(s) is explained by the authorities. They were really in doubt about the correct position in law because of the conflicting decisions of two Division Benches, and the same has been resolved by the Full Bench recently. The authorities have disposed of the representation soon thereafter. The delay is clearly explained. In the result, we do not wish to proceed further in the matter. This application is accordingly disposed of. It goes without showing that it will be open to the petitioners to challenge the order dated 21.8.2010, in accordance with law. Vinay/ ( S. K. Katriar,J. )