TARKESAWAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ case was initially heard by a Single Judge and by order, dated 5 -7 -1983 it was referred to a Division Bench.

(2.) The case involves interpretation of Sec. 4(2) of the Bihar Non -Government Elementary Schools (Taking over of Control) Act, 1976 (Act 30 of 1976) (.hereinafter referred to as the 'Act) and the core question involved in the instant case is whether Sec. 4 (2) of the Act brings within its sweep untrained teachers and unconfirmed teachers as well or the word "teacher" in Sec. 4 (2) of the Act brings within its ambit all such teachers who are working in the school on the date of take over whether they fulfil the test of basic prescribed qualifications for the post or not whether they are trained or not, whether they are confirmed or not and whether they are duly appointed or not.

(3.) The learned Counsel for the petitioner has submitted that the appointment of untrained teachers was not ipso facto a nullity and has advocated the theory of ipso facto and automatic transfer of even untrained teachers of recognised schools to the State service on take over of the schools ; in other words the submission advanced was that even the services of untrained teachers who were unqualified and ineligible for the post in Government service would be automatically transferred to the State service ; again in other words, the submission was that by operation of Sec. 4 (2) of the Act the petitioners got a statutory right to continue and be recognised as teachers in Government service with effect from the date of take over of the School.