Chetan Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9954 of 2016 =========================================================== Chetan Kumar, son of Sri Bhuneshwar Prasad Singh, resident of Main Road, Raxaul, P.S.- Raxaul, Dist- East Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Education Department, Government of Bihar, Patna.

2. The Principal Secretary, Education Department, Government of Bihar, Patna.

3. The Director (Secondary Education), Education Department, Bihar, Patna.

4. The District Education Officer, Vaishali.

5. The District Programme Officer (Establishment), Vaishali. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Vaidehi Raman Prasad Singh For the Respondent/s : Mr. Syed Arshad Alam- SC3 =========================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date: 30-03-2018 Heard learned counsel for the petitioner and State.

2. The petitioner has approached this Court for a direction to the respondents to appoint the senior most teachers in the school, as incharge headmaster.

3. Counsel for the petitioner submits that the petitioner is not the senior most teachers, but ignoring the seniority petitioner has been made incharge headmaster against his wish. The petitioner is not willing to perform the responsibility as incharge headmaster and as such he filed the present writ application.

4. Considering the nature of relief prayed for in the writ application, the writ application is disposed of with a direction to the District Programme Officer (Establishment), Vaishali to see that

Patna High Court CWJC No.9954 of 2016 dt.30-03-2018 2/2 senior most or any other teacher, who is willing to perform the duty as incharge headmaster may be given the post of incharge headmaster and the petitioner may be relieved from the responsibility of incharge headmaster, as the petitioner cannot be forced to perform the responsibility of incharge headmaster. The District Programme Officer (Establishment), Vaishali is required to take immediate step in this regard and ensure that the petitioner may be relieved from the responsibility of incharge headmaster within a fortnight from the date of receipt/production of a copy of this order.

5. With the aforesaid, the writ application stands disposed of.

(Anil Kumar Upadhyay, J) Uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date09.04.2018 Transmission Date