RAM SWARATH MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Letters Patent Appeal has been filed against the judgment and order dated 9-12-1994 passed in CWJC No. 5207 of 1991 whereby the writ petition has been dismissed.

(2.) The facts of the case are that Kisan High School, Tara Bariarapur, Begusarai was established on 2-1-1970. Respondent No. 6 was appointed Headmaster in the school by the Managing Committee. The school was inspected and the District Education Officer submitted a report dated 10-10-1971 indicating that the Respondent No. 6 was appointed Headmaster in the school with effect from 2-1-1970. He was a B.A. B.Ed. at the relevant time. The school was granted permission to establish vide letter dated 19-7-1973. A special Board consisting of the District Education Officer and one Sri Satrughan Prasad Singh was constituted vide letter dated 27-4-1978 for grant of permanent recognition. The special Board inspected the school and submitted a report dated 8-11-1978 showing Respondent No. 6 as the Headmaster of the school with effect from 2-1-1970. The school was granted permanent recognition by letter dated 20-4-1979.

(3.) The case of the appellant was that since was Respondent No. 6 did not possess requisite qualification for the post of Headmaster an advertisement was published for filling up the post of the Headmaster. According to him the Managing Committee vide resolution dated 15-7-1978 appointed him Headmaster of the school. He joined the school on 17-11-1978. However, special Board submitted its report showing the Respondent No. 6 as the Headmaster of the school. Subsequently second special Board was constituted consisting of Ram Parikshan Sahu and Satrughan Prasad Singh. The Board submitted its report dated 12-12-1978 showing the appellant as the Headmaster of the school. The said report was signed by only Ram Parikshan Sahu the another member of the Board, namely, Satrughan Prasad Singh did not sign the same.