KAUSHAL KUMAR PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ petition, the petitioner has assailed the validity of the order contained in Memo No. 371 dated 24th June, 1999, passed by the District Education Officer, Saran (Annexure 1), whereby and whereunder respondent no. 5, Paras Nath Sharma, has been declared senior, to the writ petitioner and has been permitted to act as acting Headmaster of Sri Krishnashram Sanskrit High School, Hariharpur, Saran.

(2.) LEARNED counsel for the petitioner has raised short question to assail the impugned order. It has been contended that the District Education Officer, Saran had no authority to either fix the seniority or pass order with respect to functioning as Incharge Headmaster of the Sanskrit High School. According to the learned counsel for the petitioner, it is only the Bihar Sanskrit Shiksha Board, which is the competent authority to either fix inter se seniority of teachers or pass order for functioning as Incharge Headmaster of a Sanskrit High School, yet the District Education Officer has again passed illegal order (Annexure 1) declaring respondent no. 5 senior to the petitioner although similar order passed earlier by him was cancelled, vide Annexure 8.

(3.) LEARNED counsel for the petitioner, in reply, has submitted that even the order contained in Annexure 7 cannot be allowed to remain as the same has also been passed by the District Education Officer, which was later on cancelled by Annexure 8. According to the learned counsel for the petitioner, the petitioner has been working as Acting Headmaster since 14.8.1997. This fact has seriously been disputed by the learned counsel for respondent no.5.