JUDGMENT

1. Heard Mr. Mrigank Mauli, the learned senior Advocate for the petitioners, Mr. Kumar Kamal Narayan, learned counsel for the State and Mr. Akhilesh Kumar Sinha for the respondent no. 13/ Ajay Kumar Singh.

2. The petitioners are graduate trained Middle School Teachers whose promotion and appointment as Headmaster in Elementary Schools have been cancelled by order dated 24.04.2019 passed by the Director, Primary Education, Govt. of Bihar on the plea that in C.WJ.C. No. 9074 of 2018 (Ajay Kumar Singh vs. State of Bihar and Others), a Bench of this Court had directed for cancellation of all the promotions and transfers of such teachers who were promoted to the rank of Headmasters and were placed at different Elementary Schools where the posts of Headmasters were lying vacant.

3. Mr. Mauli has submitted that the order passed in C.WJ.C. No. 9074 of 2018 has been misconstrued by the Director, Primary Education, Govt. of Bihar.

4. The facts leading to the filing of the present petition are hereunder:-

5. A list of eligible Graduate Trained Teachers in the district of Gopalganj for the purposes of their being promoted to the post of Headmaster was published in the year 2017. The name of the petitioners fell in that list. The list was prepared under the Bihar Elementary School Teachers Training Rules of 2011 for promotion and posting of Teachers.

6. On the recommendation of the District Primary Teachers Promotion Committee, which had held its meeting on 22.12.2017, the petitioners and others were promoted to the post of Headmaster of different schools in the district of Gopalganj. Some of those transferees joined on their respective posts and few of them, after joining, registered their objections with respect to transfer as such objections were invited by the respondents.

7. Some of the clerical mistakes which had crept in the transfer orders were also rectified.

8. The respondent no. 13 in C.WJ.C. No. 11029/2019 (Ajay Kumar Singh), aggrieved by the transfer of one Sanjay Kumar Rai, approached the Regional Deputy Director of Education, who stayed the transfer of aforesaid Sanjay Kumar Rai and six others. However, later, on 27.04.2018 aforesaid Sanjay Kumar Rai was directed to be given charge of Headmaster of Middle School Bhore, Gopalganj. Ajay Kumar Singh, who was working as an Assistant Teacher in Middle School Bhore and was officiating as Headmaster was aggrieved by the promotion of Sanjay Kumar Rai as the Headmaster of the aforesaid school. As such, he challenged his(Sanjay Kumar Rai) promotion and transfer in the aforesaid school as Headmaster, which was heard by a Bench of this Court in C.WJ.C. No. 9074 of 2018. On the basis of the submission made by aforesaid Ajay Kumar Singh before this Court that Sanjay Kumar Rai had been transferred in the aforesaid school on the recommendation of the public functionaries and Officers of the Government, the Bench set aside all previous orders with respect to Ajay Kumar Singh and Sanjay Kumar Rai and the respondents were directed to take a fresh decision with respect to them in accordance with law within a period of sixty days from the date of receipt / production of a copy of that order. This Court had directed the respondents to consider the case of the petitioner therein (Ajay Kumar Singh) and the respondent Sanjay Kumar Rai objectively while passing fresh order of posting.

9. Pursuant to the aforesaid order, the District Programme Officer (Establishment), Gopalganj vide his communication dated 15.06.2018 contained in Memo No. 1257 stayed all orders with respect to promotion and transfer of Ajay Kumar singh and Sanjay Kumar Rai. As directed by this Court, the District Education Officer, Gopalganj held an enquiry with respect to the transfer and promotion of aforesaid Sanjay Kumar Rai on the complaint of Ajay Kumar Singh and vide order dated 18.07.2018 /19.07.2018 came to the specific conclusion that the claim of Ajay Kumar Singh was absolutely unjustified. He could not have claimed for bei