JUDGMENT : Amreshwar Pratap Sahi, J. Heard Shri Indeshwari Prasad Mandal, learned counsel for the appellant, Shri Gyan Prakash Ojha, G.A.-7 for the State of Bihar and its officers and Shri Dhirendra Nath Jha, learned counsel for the 8th respondent-Deepak Kumar. 2. This appeal questions the correctness of the impugned judgment dated 14th of March, 2018 passed in C.W.J.C. No. 9750 of 2017, whereby the learned single Judge has declined the relief to the appellant on the ground that the appellant now cannot continue or claim continuance otherwise for teaching the subject of Geography as fresh appointments have been made. However, observations have been made that the Court hopes and trusts that the State would take care of the necessary utilization of the services of the teachers in the school but that cannot be a ground to grant any indulgence to the appellant-petitioner in exercise of extra-ordinary jurisdiction under Article 226 of the Constitution of India. 3. Shri Mandal, learned counsel for the appellant has vehemently urged that the arrangement which has been made is contrary to the requirement of the institution and also keeping in view the student-teacher ratio. 4. Having appreciated the prima facie arguments advanced, we had on 11th of January, 2019 passed the following orders: “Heard learned counsel for the appellant. The defects as pointed out are removed. Shri Ojha is there for the State of Bihar. The appellant was, admittedly, appointed on contract basis after retirement to teach the subject of Geography in Government Ambedkar Residential Girls High School, Munger. This arrangement was made subject to the condition that the appellant shall continue up to the age of 65 years or for a period of two years or till a regular appointment is made on the post in question. The appellant’s services came to be terminated on 6th of June, 2017 under an order of the District Welfare Officer, Munger on the ground that information has been received from the Head Master that the regular teacher, namely the respondent No.8, has joined and, secondly, the Director of the Scheduled Caste and Scheduled Tribe Welfare Department, Patna had issued an oral direction during his inspection on 27.5.2017. It is urged that the appellant was entitled to continue inasmuch as the posting of the respondent No.8 was incorrect because one Mr. Ram Uttim was already a regular teacher of History working in the institution. It is urged that the appellant was entitled to continue inasmuch as the posting of the respondent No.8 was incorrect because one Mr. Ram Uttim was already a regular teacher of History working in the institution. This fact has been categorically stated in paragraph 7 of the writ petition. In reply to the said allegation, the counter affidavit filed on behalf of the State in paragraph 12 does not deny the working of Mr. Ram Uttim, but, to the contrary, states that subject of Social Science includes the subjects of History, Civics and Economics. The contention of Shri Ojha is that since there is only one sanctioned post of Social Science and the respondent No.8 was selected against the same and appointed, therefore, the appellant had to move out. On the other hand, learned counsel for the appellant contends that if Mr. Ram Uttim was already a regular teacher of History in the institution, there was no occasion for the placement of respondent No.8 for teaching History and that the appellant’s continuance was justified as a teacher of Geography in the institution. Apart from this, there were other institutions in which there was a requirement of a History teacher where the respondent No.8 could have been posted. Yet this aspect has been completely overlooked and the appellant’s services have been dispensed with. It is also urged that, so far as the appellant is concerned, he was appointed according to the roster of the unreserved category against the post of Geography which was clearly earmarked as such. In the given circumstances, the placement of respondent No.8 Deepak Kumar is contrary to the aforesaid facts which have not been taken notice of by the learned Single Judge while dismissing the writ petition. Shri Ojha may obtain instructions on this issue both from the Director as well as from the District Welfare Officer and file an affidavit within 10 days. The appellant will serve the respondent No.8 Deepak Kumar outside Court personally along with a copy of this order who will also file his response before this Court. The matter shall come up after 10 days on 23rd of January, 2019.” 5. The appellant will serve the respondent No.8 Deepak Kumar outside Court personally along with a copy of this order who will also file his response before this Court. The matter shall come up after 10 days on 23rd of January, 2019.” 5. A counter affidavit has been filed on behalf of the State and the same brings on record the notification dated 28th of August, 2017, whereby a complete re-structuring of the entire teaching staff as well as non-teaching staff and the staffing pattern of such institutions has been re-defined. The said notification has been issued keeping in view an integrated approach of a policy that has been adopted by the State Government. Along with the said notification, there are several appendices which define the status of the posts created for each institution separately, for the 10+2 institutions as well as for the High Schools. Appendix-5 is relevant for the present controversy. The same is extracted herein under: ^^ifjf’k"V&5 izR;sd fo|ky; esa mPp ek/;fed f’k{kdksa¼10$2½ ds inksa dh fo"k; okj fooj.kh** Øekad fo"k; dk uke Iknksa dh la[;k 1 vaxzsth 2 2 fgUnh 2 3 xf.kr 1 4 HkSfrdh ‘kkL= 1 5 jlk;u ‘kkL= 1 6 ouLifr foKku 1 7 tho foKku 1 8 DEi;wVj 1 9 Bfrgkl 1 10 HkwxkSy 1 11 Lkekt ‘kkL= 1 12 jktuhfr ‘kkL= 1 13 x`g foKku 1 14 euksfoKku 1 15 vFkZ’kkL= 1 16 ys[kk 1 17 O;olkf;d v/;;u 1 dqy inksa dh la[;k 19 ^^izR;sd fo|ky; esa ek/;fed f’k{kdksa ds inksa dh fo"k; okj fooj.kh** Øekad fo"k; dk uke Iknksa dh la[;k 1 vaxzsth 1 2 fgUnh 1 3 laLd`r 1 4 foKku 1 5 xf.kr 1 6 Lkekt ‘kkL= 1 7 ‘kkjhfjd f’k{kk 1 8 Lakxhr@ dyk 1 9 DEI;wVj 1 dqy inksa dh la[;k 9 ^^i=kad&2206 fnukad&28-08-2017 dk vuqyXudA ljdkj ds lfpo** 6. A perusal of the said appendix would indicate that in the case of an institution imparting 10+2 education, there is a separate post for Geography and another post for Sociology. At the same time, for a High School institution, there is only one post of Social Sciences. 7. A perusal of the said appendix would indicate that in the case of an institution imparting 10+2 education, there is a separate post for Geography and another post for Sociology. At the same time, for a High School institution, there is only one post of Social Sciences. 7. Shri Ojha, learned counsel for the State of Bihar had on the previous occasion pointed out that all such previous posts of High School level relating to Social Sciences, including History, Geography, Civics and Economics were combined into one and one post of Social Science has been created in order to cater to the need of the institution. 8. The appellant under the earlier scheme for appointment of retired teachers on contract basis had been appointed to teach Geography in the institution in question. This was under the Notification dated 18th of August, 2016 prior to the introduction of the aforesaid scheme. 9. Learned counsel for the appellant submits that if the requirement still continues and the respondent No.8 has been sent only to teach History, then in that event the appellant should also be entitled to continue in order to teach the subject of Geography. 10. We have considered the submissions raised and there are two issues which arise for consideration, namely, the status of the appellant to claim continuance and secondly, the requirement in the institution. The appellant admittedly is on contract basis and his term of contract has come to an end. Then, comes the question of the requirement of the institution. Upon the re-structuring as per the Notification dated 28th of August, 2017, it is evident that the posts, which have now been created for High Schools, now stands consolidated into one that of Social Science. It is for the State Government or the authorities to take a decision in order to post a regular teacher against the said post. The said post cannot be claimed by a person who is on contract basis. It is for the State Government or the authorities to take a decision in order to post a regular teacher against the said post. The said post cannot be claimed by a person who is on contract basis. Even assuming for the sake of arguments that the appellant’s services may be required to teach Geography separately in the institution, it is for the authorities to consider as to whether such continuance is permissible or not, but in so far as the post now available under the Notification dated 28th of August, 2017 is concerned, the same is confined to only one post of Social Science against which a regular teacher has been sent. Consequently, the additional requirement or the continuance of the appellant against the said post cannot be permitted. 11. Learned counsel then urged that since all the institutions have been upgraded under 10+2 scheme and the subject of Geography being available for an upgraded institution, the appellant would be entitled to claim continuance against such a post. 12. We are unable to agree inasmuch as these are newly created posts against which the appointments will have to be made on regular basis. The institution is a High School. The question of continuance of employment on contract basis is a matter of policy to be decided by the State Government or by the concerned authority. We are, therefore, confining our judgment only to the aforesaid extent, as indicated above, without prejudice to the powers of the Government to engage any person in order to fulfill the requirement of an institution and in the event the appellant is required by the respondents, even otherwise, it is open to them to take appropriate decision in that regard. 13. For the reasons aforesaid, we do not find any reason to interfere with the judgment of the learned single Judge. 14. The appeal is consigned to records.