THE STATE OF BIHAR Vs. MAHESHWARI SHARMA

JUDGEMENT

(1.) This Appeal under Clause 10 of the Letters Patent is preferred by the respondent-State of Bihar against the order dated 6 th May 2010 made by the learned single Judge in CWJC No.250 of 2010.

(2.) The matter at issue is the seniority of a B.Sc. trained teacher in an elementary school for the purpose of promotion to the post of Headmaster. The respondent-writ petitioner claimed that although at the time of joining service in 1977 he was not qualified for appointment to the post of Headmaster, while in service he improved his qualification and received the teacher training (Dp.Ed.). Since the acquisition of the qualification of teacher training, he is entitled to seniority amongst the B.Sc. trained teachers from the date of his initial appointment. According to the State Government, the petitioner is entitled to seniority as a B.Sc. trained teacher from the date he acquired the teacher training.

(3.) The learned single Judge has upheld the claim of the writ petitioner following the judgment of this Court in the matter of Badri Narain Verma Vs. State of Bihar & Ors., {1992 (2) PLJR 309}. Therefore, this Appeal.