STATE OF BIHAR Vs. RAMDEO YADAV

JUDGEMENT

(1.) Leave granted.

(2.) We have heard the counsel on both sides.

(3.) The admitted facts are that Raghunadan Babulal Kanya Middle School, Sukhasan was taken over by the State Government on January 13, 1981 as a consequence of the recommendation made by the Committee constituted under Section 3 (4) of the Bihar Non-Government Primary School (Taking Over Control) Act. 1976 (for short, the 'Act'). As on that date there were seven persons who were teachers and other employees to whom grant-in-aid was given. Two candidates, namely, the respondents Ramdeo Yadav and Raj Narain Yadav were untrained teachers appointed after 1-1-1971. They filed the writ petition in the High Court for a direction to regularise their services of the premise that they had completed the training subsequently and that, therefore, they are entitled to be deemed Government servants from 1-1-1971. The High Court in CWJC No. 1963/95, dated July 27, 1993 (sic) allowed the writ petition following its earlier judgment holding that they must be deemed to have been appointed as on 1-1-1971 and by the date of their taking over, namely, January 13, 1981, they have already completed that training and that, therefore, they shall be regularised as Government servants. Calling that order in question, this appeal by special leave has been filed.