UMA CHATURVEDI Vs. STATE OF BIHAR

JUDGEMENT

(1.) In both the writ applications decisions of the Director, Secondary Education, contained in Annexure-1, are the subject matter of challenge. Claim of the petitioners for regularization on their respective posts, which they were holding, has been rejected on the ground that they were over-age at the time of their appointment. Both the petitioners were appointed as Assistant Teachers in the Project Girls High School in question known as Sardar Mangal Singh Project Girls High School, Mainatand, in the district of West Champaran.

(2.) Petitioners want quashing of the order contained in Annexure-1 with a direction upon the respondents to regularize their services especially when they had rendered their services for more than two decades and the reason for rejection is tenuous especially in view of the observation made by the Full Bench in the case of Project Uchcha Vidyalaya Shikshak Sangh vs. State and Others, 2000 1 PLJR 287.

(3.) Attention of the Court has been drawn to paragraphs 21 and 22 of the said decision where the Full Bench while dealing with such dispute relating to the Project Schools at the High Court level had the foresight to express its opinion that claim of an employee would not be brushed aside or negated on the ground that even if they have had uninterrupted period of service beyond 16-17 years, they ought not to be removed on the simple ground that they had crossed the age of 31 years at the time of initial appointment by the Managing Committee.