Raghav Prasad Mishra v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.25045 of 2013 =========================================================== Raghav Prasad Mishra, Son of Late Raj Mangal Mishra, Resident of Village Baherwa, P.O. Mahuawa, Anchal Panchdeori, District Gopalganj .... .... Petitioner/s

Versus

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

2. The Director, Primary Education, Government of Bihar, Patna

3. The District Magistrate-Cum-Collector, Gopalganj

4. The District Education Officer, Gopalganj

5. The District Programme Officer, Gopalganj

6. The Block Education Officer, Panchdeori, District Gopalganj

7. Pramod Kumar Roy, Son of Giraja Roy, Resident of Village Motipur, P.O. Mahuawa, Anchal Panchdeori, District Gopalganj .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Naresh Prasad, Advocate For the Respondent/s : Mr. Sanjay Kumar, AC to G.P.7 =========================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date: 17-09-2018 Heard learned counsel for the petitioner and State.

2. The present application involves the issue of appointment of incharge headmaster in Upgraded Middle School, Rajapur, Anchal Panchdeori, District- Gopalganj.

3. The petitioner has claimed that he is senior to respondent no.7 and notwithstanding the seniority the respondent authorities have issued direction to hand over charge of headmaster to respondent no.7.

4. The adhoc arrangement by appointment of incharge headmaster is only to see the day-to-day affairs performed in the

Patna High Court CWJC No.25045 of 2013 dt.17-09-2018 2/2 school until regular headmaster is posted. There is no regular post of incharge headmaster.

5. Considering the aforesaid, the writ application is disposed of with a direction to the District Programme Officer (Establishment), Gopalganj to examine the inter se seniority of petitioner and respondent no.7 and in case no regular headmaster is posted after determination of seniority of petitioner and respondent no.7, the District Programme Officer (Establishment), Gopalganj shall appoint the senior most teacher as incharge headmaster.

6. Entire exercise in this regard must be completed by the District Programme Officer (Establishment), Gopalganj at the earliest preferably within a maximum period of four months from the date of receipt/production of a copy of this order.

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

(Anil Kumar Upadhyay, J) Uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date 18.09.2018 Transmission Date