DEOBANDH PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) - In this writ application the prayer of the petitioner is that an appropriate writ or direction be issued to the respondents to promote the petitioner on the post of headmaster of the High School, Kharar, in the district of Gaya (hereinafter to be referred to as 'the school only) with effect from 31-1-1983 treating the school as a separate unit.

(2.) According to the petitioner, as stated in the writ application, tht school was established in the year 1969 and a Managing Committee was constituted for its administration. Permission for its establishment was granted by the Bihar Secondary Education Board (hereinafter to be referred to as 'the Board' only) on 19-1-1971 and was granted partial recognition with effect from 1-1-1970. Permanent recognition was granted to the school with effect from 1-1-1973. The management of the school was taken over by the Government under the provisions of the Bihar Non-Government Secondary Schools (Taking Over of Management and Control) Ordinance, 1980, with effect from 2-10-1980. The provisions of the said Ordinance were enacted as Act No. 33 of 1982 (hereinafter to be referred to as 'the Act' only).

(3.) The petitioner was appointed as an assistant teacher by the Managing Committee of the Schooi on 22-12-1969 in the scale of untrained graduate. Shri Bhagwan Prasad Respondent No. 4 was appointed as an assistant teacher by the Managing Committee on 6-4-1970 and he was granted untrained graduate scale from October, 1971. The respondent No. 4 passed B. Ed. examination on 2-12-1973 and the petitioner passed diploma in teaching on 12-3-1977 and, accordingly, the Managing Committee granted B. A. trained scale to the respondent No. 4 from 2nd December, 1973, and to the petitioner from 12th March, 1977.