JAGDISH PANDIT Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE present writ application has been filed by the petitioner seeking two reliefs, (i) for quashing the notification dated 22-2-1990 by which Respondent No. 3 has been appointed as the headmaster of the school in question, and (ii) for a direction to consider the case of the petitioner for h is promotion to the post of headmaster with retrospective effect from the date he has been acting as a headmaster.

(2.) THE admitted facts, which have inspired the petitioner to claim the reliefs in question, may be stated in short. THE petitioner was appointed as an Assistant teacher in Damin Janta High School, Kusma, lying in the district of Sahebganj in the year 1972. At the time of his appointment, his qualification was M.A. He passed his training course in the year 1975 and was granted postgraduate scale with effect from 30-6-1973. THE school in question got partial recognition on 16-10-1969. It was granted full recognition in the year 1979. According to the petitioner, the post of the headmaster fell vacant in the school in the year 1974 and since then he has been discharging the duties of an acting headmaster in the school which was also approved by the District Education Officer on 29-10-1979. THE school was nationalised on 2-10-1980 pursuant to the provisions contained in Non Government Secondary Schools (Taking over of Management and Control) Ordinance, 1980, provisions whereof after successive Ordinances were enacted as Bihar Act No. 33 of 1981 (hereinafter to be referred to as the Act only). Pursuant to the powers conferred under the Act, the State Government framed rules laying down the service conditions for the employees-both for the teaching and non-teaching staff of the nationalised secondary schools under notification No. 398, dated 9th June, 1983, which has been published in the Official Gazette on 26-9-1983 (thereinafter to be referred to as the rules only). THE rules have come into force with effect from the date of its publication in the official gazette.

(3.) LEARNED Counsel appearing for the petitioner, relying upon the above referred Government Order, has submitted that since in the present case the post of headmaster had fallen vacant in the school of the petitioner on a date prior to 2-10-1980, therefore, the said post could have been filled up only by according promotion to the petitioner, who was the senior-most teacher in the school and had the requisite eligility and qualification. According to the petitioner, keeping in view the Government decision as contained in Annexures 2 and 3 to this writ application, the petitioner has filed a representation before the Director, Secondary Education, (Respondent No. 2) claiming promotion on the post of headmaster and in that connection all necessary records were also sent by the District Education Officer to the Respondent No. 2 view his letter dated 25-8-84. But the case of the petitioner has been kept in abeyance on sone pretext or the other. In the meantime by issuance of the impugned notification dated 22-2-90 as contained in Annexure-1 to this application Respondent No. 3 has been appointed and posted as headmaster in the school in question.