QUAZI ABDUL WARIS Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Mr. Pushkar Narain Shahi, learned counsel appearing for the petitioner. Also heard Mr. A. K. Choud - hary, G.P. VIII appearing for the State.

(2.) MR . Abhay Singh, learned Senior counsel appearing for the Chairman, Bihar State Madrasa Education Board ( 'Madrasa Board ' for short) sought to make some submissions which will be taken note of at an appropriate place in this order.

(3.) THE following facts may be stated for examining the petitioner's challenge to his transfer in its proper perspective. The petitioner was appointed in the Institute on the post of Lecturer in English which is a Class -ll Post in the . Bihar Education Service. While he was working in the Institute, a vacancy arose in the post of director and the petitioner was appointed to that Post on an officiating basis. The petitioner 's officiating appointment to the Post of Director was challenged by another person working in the Institute in C.W.J.C. No. 1825 of 1994. The challenge succeeded and that writ petition was allowed by judgment and order dated 23.03.1995 (Copy at Annexure -3). In that order, this Court found and held that the petitioner in that case was senior to the present petitioner and further that only a scholar in Arabic or Persian could be ap - pointed as the Director of the Institute and the petitioner having been appointed as Lecturer in English was not eligible for the Post.