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2011 Supreme(Pat) 420
PATNA HIGH COURT
Sheema Ali Khan, J.
Raja Ram
Versus
State Of Bihar
Decided On : MARCH 23, 2011
The court's decision was based on the principle that appointment orders cannot be quashed at a certain stage and directed the petitioners to file a representation before the appropriate authority.
Headnote:
Promotion - Headmasters - The court disposed of the writ application for grant of promotion to the post of Headmasters and quashing of appointment orders, directing the petitioners to file a representation before the Director, Primary Education, Government of Bihar.
Fact of the Case:
The writ application was filed for grant of promotion to the post of Headmasters and for quashing of appointment orders.
Finding of the Court:
The court disposed of the application, stating that the appointment orders cannot be quashed at this stage and directed the petitioners to file a representation before the Director, Primary Education, Government of Bihar.
Issues: Grant of promotion, quashing of appointment orders
Ratio Decidendi: The court cannot quash appointment orders at this stage and directed the petitioners to file a representation before the Director, Primary Education, Government of Bihar.
Final Decision: The application is disposed of with the above observations.
Sheema Ali Khan, J.
1. No body appears on behalf of the petitioners.
2. This writ application has been filed for grant of promotion to the post of Headmasters and also for quashing of the order dated 27.03.1991 as contained in Annexure-1 by which the private respondents were appointed and posted as Headmasters in different schools in the district of Nalanda.
3. At this stage, the order as contained in Annexure-1 cannot be quashed as several persons may have retired by now.
4. As far as the claim of the petitioners for grant of B.A. Trained Scale is concerned, that aspect of the matter can also not be determined by this Court.
5. The petitioners, if so advised, may file a representation before the Director, Primary Education, Government of Bihar, Patna who will dispose of the representation of the petitioners by passing an appropriate order.
6. This application is disposed of with the aforesaid observations.
