KUMARI VIDYAWATI KUSHWAHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) There were four petitioners in the writ petition in C.W.J.C., No. 1360 of 1996: Kumari Vidyawati Kushwaha and anr. vs. The State of Bihar & ors. The first three petitioners claimed that they were untrained teachers. The 4th petitioner is a peon. Petitioner no. 3 is substituted petitioner upon the death of the original petitioner.

(2.) ALL the four petitioners seek absorption into State service. They lay their claim under Bihar Non -Government Elementary School (Taking over of Control) Act, 1976.

(3.) ON behalf of the State reliance is placed on the decision of the Supreme Court in re. State of Bihar and ors. vs. Ramdeo Yadav and ors. : 1996(2) P.L.J.R. (S.C.) 35. In this decision in no uncertain terms it has been indicated that as from the date of the take over, referred to in the Act, notwithstanding that the take over may have been later, if the teacher concerned was untrained, in effect, would be deemed to have been unqualified and the question of absorption does not arise. The Supreme Court decision was rendered on 26 February, 1996 and has not been noticed in the High Court decision in re. Rameshwar Pandey vs. The State of Bihar and ors.