JAGDEO MBTRY Vs. STATE OF BIHAR

JUDGEMENT

(1.) -This writ application under Articles 226 and 227 of the Constitution has been filed for direction to the respondents to approve the appointment of the petitioner as an assistant teacher in as "The school")

(2.) The facts giving rise to the present application, shortly stated, are that the school was established on 2-1-1974. The petitioner is said to have been appointed on 10-1-1974 by the then Managing Committee vide Annexure-1 to the writ petition, along with other teachers. On 5-3-1975 an inspection was held by the District Education Officer along with other officers for the purpose of recognition and partial recognition of the school was granted by the then Bihar Secondary Education Board on 11-7-1975. According to the petitioner, he continued to work as an assistant teacher in the said school till 5-9-1978 when he, along with another teacher Krishna Nand Singh was relieved for the purpose of training. After completion of training, the petitioner and the said Krishan Nand Singh rejoined the school on 1-5-1979. In the meantime, the special Board constituted for the purpose of taking over and approval of the teachers as required under Section 3 (3) of the Bihar Non-government Secondary School (Taking over of Management and Control)Act, 1981 made inspection and submitted its report on 12-5-1980. A copy of the report has been marked as Annexure-8 to the supplementary affidavit filed on behalf of the petitioner. The name of the petitioner figures at Serial No. 4 of the said report. In respect of the petitioner as well as the said Krishna Nand Singh it was mentioned therein that they have already completed the training and were awaiting its result. It is said that on 10-8-1981 result of the aforesaid examination was published and the Board of Secondary Education was duly informed that the petitioner had passed the examination. In the meantime, however, notification in terms of Section 3 (3) of the said Act had already been issued by the State Government on 27-3-1981 in which the names of only five teachers including headmaster, one clerk and two peons were mentioned. A copy of the aforesaid notification dated 27-3-1981 has been marked as Annexure-9. The petitioner has averred in paragraph 7 of the supplementary affidavit that soon thereafter by memo No. 27847-57 dated 20-10-1981, the Special Secretary to the Government in the Education Department further approved the services of four teachers of the said school, namely, Shri Sarangdhar Singh, Shri Siya Ram Sab, Shri Shira Nandan Das and Shri Pratap Narayan Singh, without considering the case of tha petitioner, although he had alteady passed the training examination by then and, as would appear from the report of the Special Board, he had been appointed eirlier in point of time at least so far as the aforesaid S/Shri Siya Ram Sah, Shiva Nandan Das and Pratap Narayan Singh are concerned According to the patitioner further, in 1982 another order was issued by the Director of Secondary Education, Bihar, vide memo dated 11-8-1982 (Annexurs 5), whoreby the services of aforesaid Krishna Nand Singh was approved. At that stage also the case of the petitioner was not considered.

(3.) The grievance of the petitioner, as would appear from the facts mentioned hsreinabove, is that the petitioner being a founder teacher and his name having been mentioned at Serial No. 4. i. e. within the sanctioned strength and he having already completed necessary training, there was no justification on the part of the authority to ignore the case of the petitioner from consideration. The petitioner in this connection has placed reliance, on a communication of the State Government in the Education Department dated 2-4-1980 (Annexure-4) in which it has clearly been stated that the services of even such untrained graduate teachers would be considered by the Special Board who have been appointed within the sanctioned strength and who on the date of inspection by the Special Board are either receiving training or who after completion of the training have not appeard at the examination on account of any stay order or whose result has not been published.