MUMTAZ AHMAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) Through this writ application the petitioners seek quashing of office order contained in Memo No. 1466 dated 1.6.1991 issued under the signature of District Superintendent of Education, Katihar as contained in Annexure -12. The petitioners have further prayed for a direction to command the respondents not to interfere with the working of the petitioners as Headmasters in their respective schools. By the impugned order, on the basis of a decision by the District Education Establishment Committee, Katihar the District Superintendent of Education has cancelled a gradation list of concerned teachers dated 16.9.88 as contained in Annexure -1 and also an order of the then District Superintendent of Education dated 20.10.89 contained in Annexure -3 by which petitioners had been promoted to the post of Headmasters in various Government Elementary Schools in anticipation of approval of the District Education Establishment Committee.

(2.) ALTOGETHER there are 17 petitioners in this writ petition. At the relevant time all of them were teachers in Government Elementary Schools in the district of Katihar and had the qualification of trained graduates. Petitioners 1 to 12 belonged to general category. They were, at the relevant time, already placed in graduate trained scale. Petitioners 13 to 15 belonged to scheduled caste category and petitioners 16 and 17 belonged to scheduled tribe category. At the relevant time petitioner no. 13 was also getting B.A. trained scale but petitioner no. 14 was getting I.A. trained scale and the other petitioners belonging to the reserved category of scheduled caste and scheduled tribe were in Matric trained scale.

(3.) IT is an admitted fact that the petitioners joined their respective posts of headmasters pursuant to order contained in Annexure 3 but soon thereafter by an order dated 9.11.1989 contained in Annexure 6, the Collector, Katihar ordered for cancellation of petitioners promotion and appointment as Headmaster and on that basis the District Superintendent of Education issued a cancellation order dated 17.11.89 (Annexure 7). Since the aforesaid orders of cancellation of An -nexure -3 were passed without any notice and without affording any opportunity of hearing to the affected persons hence upon a challenge made to these orders through a writ petition bearing C.W.J.C. No. 9793/89, this Court by an order dated