JAGDISB 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 head- master of the school in question, and (iii) for a direction to consider the case of the petitioner for his promotion to the post of headmaster with retrospective eifect 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 stated. The petitioner was appointed as an Assistnnt 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 (he 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 9lh June, 1983, which has been published in the Official Gazette on 26-9-1983 (hereinafter 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.) In the Rules elaborate provisions have been made regarding appointment of headmasters by way of promotion from assistant teachers as well as by direct appointment. It is apparent from the Rules that the procedure for filling up the vacancies as existing on the date of enforcement of the rules has to be governed by the provisions contained therein irrespective of the date as to when the vacancies had fallen due. But the State Government keeping in view the circumstances as appearing at the material time, took a decision that the post of headquarter, which had fallen vacant before 2-10-1980, the date of nationalisation of the secondary schools will be filled up by promotion from amongst the eligible and qualified teachers of the respective schools by treating the school as an independent unit- This decision is contained in letter No. 510 dated 20-11-1981 and is Annexure-2 to the writ application After making of the Rules, by a notification dated 6th July, 1983 (Annexure-3), the State Government by exercising its powers under Rule 20 (2) decided that in respect of the cases pending for promotion on the post of headmaster falling vacant prior to 2-10-1980, the said Government Order (Annexure-2) will remain operative.