1. Heard counsel for the parties.

2. The petitioner in this writ application has sought for the following relief:-

“That, petitioner files this writ petition for commanding and directing the respondents to ensure the compliance of the their own decisions as contained in letter no. 78/C dt. 28.02.2004, and also in letter No. 7/V.21/03L-2610 issued by the Secretary, Human Resources Department, Bihar, Patna (Respondent no. 2), and Director, Primary Education, Bihar Patna (Respondent no. 3) respectively, where by with a view to make the newly upgraded Middle Schools functional, they have taken a policy decision with respect to appointment of In charge Head Master. They have taken a decision that, out of available graduate and post graduate teachers in the Block, on the basis of their seniority, would be posted in the upgraded Middle School, and out of those graduate and post graduate teachers, a senior most teacher, having graduate or post graduate degree shall work as in charge Head Master in its respective School. Petitioner is only available post graduate trained teacher, in her school, be that as it may, she was not allowed to work as in charge head master.

That, by ignoring the stringent provisions meant for the said purpose of appointment of In charge Head Master, the respondent authorities has made an Intermediate trained teacher namely Smt. Asha Devi, as In charge Head Mistress of Rajkiya Kanya Madhya Vidyalaya, Jamui, P.O & P.S Jamui, Dist. Jamui, whereas petitioner, despite being a post graduate trained teacher was not allowed to work as In charge Head Master of the said School.

That, respondents be directed to appoint the petitioner, being an only available post graduate trained teacher in her said school (Rajkiya Kanya Madhya Vidyalaya, Jamui), as in charge Head Master. Only petitioner fulfills the criteria as fixed for the post of in charge head master, by letter No. 78/C dt. 28.2.2004, and also by letter No. 7/V.21/03L-2610 issued by the Secretary, Human Resources Department, Bihar, Patna (Respondent No. 2), and Director, Primary Education, Bihar Patna (Respondent No. 3) respectively.

That in order to maintain excellence and educational standard of the school, respondents be directed to prefer the sufficiently qualified teacher like petitioner for the post of in charge Head Master.”

3. Mr. Ashok Kumar Chaudhary, learned counsel for the petitioner submits that the post of Headmaster on which incharge arrangement has been made by the District Inspector of Schools, respondent no. 4 suffers from vice of non-application of mind, inasmuch as, respondent no. 9 who according to the petitioner does not possess the requisite statutory qualification for the post of Headmaster/Headmistress in a Government Middle School has been sought to be made the Incharge Headmistress till posting of a regular Headmistress. He has further submitted that since the qualification of the post of Headmaster/Headmistress has been laid down by the State Government by framing rules under proviso to Article 309 of the Constitution of India, there can be no working arrangement by way of Incharge Headmaster/Headmistress of such person who does not possess the requisite qualification laid down for the post of Headmaster/Headmistress in terms of statutory Rules.

4. Counsel for respondent no. 9, on the other hand, has submitted that not only the respondent no. 9 possess the requisite qualification for the post of Headmaster/Headmistress as laid down under the statutory Rules but even otherwise she is senior to the petitioner on the basis of the order of appointment as Matric Trained Teacher.

5. He has further submitted that the same issue was raised by the petitioner in C.W.J.C NO. 2549 of 2011 , whereby and whereunder, the order in favour of respondent no. 9 authorizing her to work as Incharge Headmistress was passed on 24.01.2011 was assailed but that writ application was dismissed as withdrawn by order dated 21.10.2011. He would therefore, submit t