SIDHESHWAR NATH PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS writ petition is directed against orders contained in An -nexures 4 and 5. By Annexure -4 the appeal preferred by the petitioner against the order of his transfer was rejected by the Secretary, Secondary, Primary and Adult Education Department; by An -nexure -5 his claim for recognition as founder Headmaster of the school, namely, Sri Jairam Churaman Adarsh High School, Mohania, district Kaimur, was rejected.

(2.) THE relevant facts are these. The petitioner worked as Assistant teacher in High School, Chhaun, district Rohtas from June 1970 to July 1980. He then joined the school in question i.e. Sri Jairam Churaman Adarsh High School in August 1980. The school was ganted permission to establish in 1981 (date not disclosed). On 19.6.82 it was taken over under section 3(3) of the Bihar Non -Government Secondary Schools (Taking Over of Management and Control) Act, 1981. In the notification the petitioner was described as Acting Headmaster and it was mentioned that until appointment of permanent Headmaster, he was authorised to function as Acting Headmaster. He continued to function as such until he was transferred to Gandhi Memorial High School, Chainpur, district Kaimur, as an Assistant teacher on 31.12.98. He preferred appeal as provided in the rules before the Secretary of the Department Incharge Secondary Education, which was rejected on 29.4.99 vide Annexure -4. It appears that before the Secretary the petitioner had raised claim for being recognised as founder Headmaster. The Secretary, did not go into that matter observing that that was a separate issue which had no nexus with the transfer. It appears that in the meantime the petitioner had also lodged claim for being recognised as founder Headmaster of the school, before the Director which has been rejected by the other impugned order vide Annexure -5 on 15.9.99.

(3.) THOUGH the said letter dated 25.4.98 was apparently not brought to the notice of the Director, the petitioner 'sclaim to founder Headmastership, was nevertheless canvassed and considered. The Director rejected the claim on the ground that as the school in question was not a recognised school prior to 2.10.80 the petitioner could not be recognised as founder Headmaster as per note to Rule 4(3) (a) of the Bihar Nationalised Secondary Schools (Conditions of Service) Rules, 1983. I do not find any error in the finding.