SARLA ROHILLA Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD (earned counsel for the appellant, State as well as for the Vidyalaya Seva Board.

(2.) THIS appeal is directed against the order dated 14.3.2002 passed by the learned single Judge by which he has held that the appellant would be permitted to work as Assistant Teacher in St. M.G. High School (a minority School) Boring Canal Road, Patna (hereinafter referred to as the School), but she would be entitled to salary only after her appointment is approved by the Vidyalaya Seva Board upon her becoming eligible for such appointment in terms of the direction given by his Lordship.

(3.) ADMITTED fact is that on 29.6.1983 an advertisement was published by the Secretary of the School inviting applications from the Trained Graduates for appointment of teachers in various subjects including Sanskrit, (n the advertisement it was not stated that for appointment on the post of teacher in Sanskrit subject, the candidates should be Honours Graduate in Sanskrit. The appellant along with others applied for appointment on the post of teacher in Sanskrit subject. She was selected and appointment letter was issued on 18.7.1983 and she joined her post on 1.8.1983. On 29.10.1985, approval to the appointment of the appellant was granted by the District Education Officer. It appears that subsequently in the year 1998 the Special Director, Secondary Education directed all District Education officers to obtain approval/concurrence of the Vidyalaya Seva Board with regard to the appointments in non -government minority secondary schools. Thereafter, it appears that enquiry in the case of the petitioner was also made and it was found that she did not possess requisite qualifications i.e. Trained Graduate with Honours in Sanskrit. Thereafter her salary was stopped which has been challenged by her as stated above.