Manoj Kumar Srivastava And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4078 of 2017 ===========================================================

1. Manoj Kumar Srivastava, Son of Sri Mahendra Prasad, State Secretary, Panchayat/Nagar Primary Teacher Association, Resident of Village + P.O.- Gaunaha, P.S.-Gaunaha, District-West Champaran.

2. Ajay Kuamr Nirala, Son of Jagarnath Ram, Resident of Village-Dumariya, P.O.-Jamuniya, P.S.-Subhadra, District-West Champaran.

3. Md. Naushad, Son of Md. Ekram, Resident of Village-Bakhari, P.S.-Belsandi, P.S.-Gaunaha, District-West Champaran.

4. Akhileshwar Prasad Rai, Son of Sri Rajdeo Prasad Rai, Resident of VillageDhurva Math, P.O.-Khairtiya Betia Dih, P.S.-Manua Pul, District-West Champaran.

5. Janak Kumar Ranjan, Son of Late Badri Ram, Resident of Village +P.O.- Laxnauta, P.S.-Gaunaha, District-West Champaran.

6. Sri Kant Baitha, Son of Sri Bharat Baitha, Resident of Village-Takiya, P.O.- Dumariya, P.S.-Shikarganj, District-West Champaran.

7. Md. Sabir, Son of Md. Jahiruddin, Resident of Village-Kamta, P.O.-Padraun, P.S.-Sahodara, District-West Champaran.

8. Suresh Kumar Disvah, Son of Sri Jai Narayan Disvah, Resident of VillageSonbarsa, P.O.-Sherwa Masjidwa, P.S.-Matiariya, District-West Champaran.

9. Chanda Kumari, Wife of Dipak Kumar Yadav, Resident of Village+P.O.- Sirisiya, P.S.-Bhairoganj, District-West Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar, through the Principal Secretary, Department, of Education, Govt. of Bihar, New Secretariat, Patna.

2. The Director, Primary Education, Govt. of Bihar, New Secretariat, Patna.

3. The District Education, Officer, West Champaran, Bettiah.

4. The District Superintending of Education, West Champaran, Bettiah.

5. The Regional Deputy Director Education, Department, Tirhut Division, Muzaffarpur

6. The Block Education Extension Officer, Gaunaha, West Champaran, Bettiah. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Madhurendra Kumar, Advocate Mr. Avinash, Advocate For the Respondent/s : Mr. P. N. Sharma, AC to AG =========================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date: 06-12-2017 Heard counsel for the petitioners and the State. Counsel for the petitioners submits that in view of the subsequent amendment in the Rule a Niyojit Teacher is also eligible

Patna High Court CWJC No.4078 of 2017 dt.06-12-2017 2/2 for promotion on completion of five years of service. If the Niyojit Teachers are entitled to be considered for appointment as Headmaster, there is no reason, not to post such Niyojit Teacher, as incharge Headmaster in the school.

In view of Annexure-1, this Court is not in a position to grant any positive direction to the respondents. However, if the petitioners represent the respondent Director, Primary Education, he shall take steps for appointment of regular headmaster in terms of the amended rule, wherein after five years, a Niyojit Teacher acquires eligibility for promotion as headmaster.

With the aforesaid observation, this application stands disposed of.

(Anil Kumar Upadhyay, J) Uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date14.12.2017 Transmission Date NA