MITHILESH MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) WRIT petitioner, Shri Basuki Nath Pathak and the present Review petitioner, Mithilesh Mishra (5th respondent in the writ petition) were appointed as Teachers in Radha Krishna Sanskrit Prathmik Sah - Madhya Vidalaya, Jamalpur, Munger. Both of them were appointed on 1st April 1977. Subsequently, when the post of Headmaster fell vacant on 31st July 1983, Basuki Nath Pathak was promoted as Headmaster on 7th August 1983 which was approved by Sanskrit Shiksha Board on 10th September 1983. At that stage the present review petitioner, Mithilesh Mishra challenged the order in C.W.J.C. No. 1363 of 1984 which was disposed of on 25th April 1984 with a direction to move before the Board, who in his turn was directed to dispose of the same.

(2.) THE Board on hearing both the parties, decided the claim in favour of Basuki Nath Pathak and approved his promotion granted on 13th September 1998. Against the said order the present review petitioner, Mithilesh Mishra moved in appeal before the Special Director Secondary Education who passed impugned order on 25th February 1990. against Basuki Nath Pathak and set aside the order of approval of promotion as was given in favour of Basuki Nath Pathak.

(3.) FROM the judgment in question dated 4th April 1997 passed in C.W.J.C. No. 2556/1990 it will be evident that the respondents of the said case, including the present review petitioner raised the question relating to eligibility of Basuki Nath Pathak in the matter of appointment to the post of Headmaster. It was specially pleaded that Basuki Nath Pathak does not hold the requisite qualification of Acharya with 2nd Class as was taken into consideration as paragraph 5 of the main judgment. However, aforesaid fact was denied by Basuki Nath Pathak and it was pleaded that he holds qualifications of Acharya with 2nd Class. i.e., the requisite qualification laid down for appointment to the post of Headmaster.