MARY MURMU Vs. STATE OF BIHAR

JUDGEMENT

(1.) Having heard counsel for the parties and taking into account that the challenge of the petitioners to the impugned order passed by the Bihar Staff Selection Commission (hereinafter referred to as the Commission) rejecting the proposal of appointment of the petitioner no. 1 in Nirmala Girls High School, Harimora (hereinafter referred to as the School), is based on the interpretation of Section 18(3) (Kha) and (Ga)Bihar Arajakiya Madhyamik Vidyalaya (Prabandh or Niyantran Grahan), Adhiniyam, 1981, this Court has given liberty to both the respondent State as also the respondent Commission to spell out as to whether in recognized Minority Institution there would be requirement of also publishing the vacancy of the post of teaching and non-teaching staff in the newspaper and whether non-publication of vacancies in the newspaper by the Managing Committee and the consequential appointment made on the post of teaching and non-teaching employee of such Minority Institution will alone invalidate the appointment at least for the purposes of getting financial aid by way of salary from the funds of the State Government.

(2.) The facts which are not in dispute and would be sufficient to dispose of this writ application that the petitioner no. 1 being a trained graduate had been appointed as an Assistant Teacher in the School w.e.f. 01.03.1983 and it is claimed by the petitioner no. 2, the school that it had advertised the post by publishing it on the notice board of the school, local post office as also in the Office of the District Education Officer. Such appointment of the petitioner no. 1 made on 01.03.1983 is still continuing and in fact the petitioner has also received the payment of salary up till 1999, but then her salary was consequently stopped in view of the restrictions imposed in the circular of the Special Director of Secondary Education contained in its letter no. 992 dated 13.11.1998, on the ground that the services of the teacher of the Minority School have to be approved by the Vidyalaya Sewa Board in terms of Section 18 of 1981 Act (hereinafter referred to as the Act).

(3.) It is the further case of the petitioner that though the District Education Officer had sent all the relevant papers with his recommendation in favour of the petitioner no. 1, for being granted approval by the Vidyalaya Sewa Board but the Vidyalaya Sewa Board till its existence i.e. April 2004 did not chose to finally decide the matter and kept of only making query one after other, and it was only when the Bihar Staff Selection Commission (hereinafter referred to as the Commission) became functional and was vested with the power and function of the Vidyalaya Sewa Board for granting approval of the services of the teacher of the Minority School, the impugned decision was taken on 18.01.2007 rejecting the proposal of approval of the services of the petitioner only on the ground that when her appointment was made in the year 1983 the post in question was not advertised in the newspaper.