1. The petitioner has made this application under Articles 226 and 227 of the Constitution of India for issuance of a writ quashing an order passed fey the Secretary, Board of Secondary Education giving to the 6th respondent a higher scale of pay than that of the petitioner and asking the petitioner to wait for next vacancy.

2. The case of the petitioner is that she is an assistant teacher in the State Subsidised Girls High English School at Hajipur. The 6th respondent is also a teacher there. The petitioner had joined the school in the year 1961, whereas the 6th respondent in 1958. But at the time of appointment the petitioner was already a graduate having graduated that very year whereas the 6th respondent had only passed I.A. examination and become a graduate much later in the year 1968. Again, the petitioner obtained a Diploma in Education in the year 1968 whereas the 6th respondent did so in the year 1970. The petitioner was confirmed in her Post on the 1st of January, 1970, whereas the 6th respondent was confirmed on the 1st of January, 1971. The petitioner and the respondent aforesaid both appeared at the M. A. examination in the year 1971 and both passed in the seco