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Patna High CourtCWJC/1892/2020disposed

Brajesh Kumar Gupta v. The State Of Bihar

2020-02-19Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1892 of 2020 ====================================================== Brajesh Kumar Gupta, son of Late Sheo Sahu, Resident of Village + Post Office - Sarai, Via - Neora, Bihta, Police Station- Maner, District- Patna. At present posted and working as In-Charge Headmaster in Govt. Upgraded Kanya Middle School Manas, Anchal- Danapur, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Additional Chief Secretary- cum the Principal Secretary, Education Department, Government of Bihar, Patna.

3.

The Director, Primary Education, government of Bihar, Patna. 4.

The District Education Officer, Patna.

5.

The District Programme Officer (Establishment) Patna. 6.

The Block Education Officer, Danapur, Patna.

7.

Smt. Anjali Rani, Assistant Teacher, Govt. Upgraded Kanya Middle School Manas, Anchal- Danapur, District- Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Kumar Mishra, Advocate For the Respondent/s :

Mr.Prabhakar Jha (Gp27) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 19-02-2020 Heard learned counsel for the petitioner and the respondents.

The issue involved in the present writ application relates to posting of incharge Headmaster.

There is no post of incharge Headmaster. It is only by way of interim arrangement, as incharge Headmaster is posted in absence of regular Headmaster. There is practice that senior most teachers are posted as incharge Headmaster. Learned counsel for the petitioner submits that the

Patna High Court CWJC No.1892 of 2020(2) dt.19-02-2020 2/2 petitioner is the senior most teacher, whereas respondents dispute the same.

Without going into the controversy, the writ application is disposed of with liberty to the petitioner to approach the District Programme Officer (Establishment), Patna, who shall provide opportunity to all stakeholders and thereafter decide the inter se seniority and post the senior most teacher as incharge Headmaster in the absence of posting of regular Headmaster in the school.

(Anil Kumar Upadhyay, J) uday/- U