UMA NATH TIWARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) In the instant writ application, the petitioner prays for quashing the order contained in Letter No. 13/B-2-020/92 Ma. San. Bi-1224 dated 16.9.1993, issued by the Deputy Secretary, Education, Government of Bihar, Patna (respondent no. 3), by which the payment of salary to the petitioner was stopped.

(2.) The main contention of the petitioner is that he is appointed not only within the sanctioned post of Assistant Teacher but would also come within the 'Manak Mandal' attached to the Ordinance No. 32/1989. Before we advert to the rival submissions made by the petitioner as well as learned counsel for the Sanskrit Board, it would be appropriate to notice the relevant facts of the case.

(3.) The facts of the case in short is as follows: One Jagdanand Pandey, the Headmaster of Dumraon Raj Prayag Sanskrit High School, Dumraon, in the District of Buxar (hereinafter referred to as 'the School') died on 18.3.1984. The Managing Committee appointed one Sri Baidnath Choubey, a Senior Teacher, as Headmaster of the School in 1957 vide resolution no. 106 dated 24.3.1984. The Bihar Sanskrit Shiksha Board approved the resolution of the Managing Committee with a condition that Sri Baidnath Choubey would clear Acharya examination within a period of three years. The Managing Committee of the School temporarily appointed petitioner on 4.12.1985 against the post which became vacant on promotion of Baidnath Choubey to the post of Headmaster Baidnath Choubey cleared the Acharya examination in the year 1988-89 and was confirmed as Headmaster in the School. The petitioner's appointment was subsequently made regular and aiso got the approval of Bihar Sanskrit Shiksha Board.