MOHAMMAD SHABBIR AHMAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) These three writ petitions being interdependent have been heard on different occasions and are being disposed of by a common order. Petitioner in C.W.J.C. No.9764 of 1993 is the same as the petitioner in C.W.J.C. No.11506 of 2004. The fate of petitioner in C.W.J.C. No.9727 of 2000 is dependent upon the fate of the earlier two writ petitions. Counter affidavits and rejoinders are on record.

(2.) The solitary question that arises in these writ petitions is whether the Bihar School Service Board (as it then was), having granted approval in relation to appointment of a teacher in a minority educational institution, can recall its order and order of cancellation of appointment of a teacher in a minority institution. My answer to the said question would be emphatic no for more than one reason.

(3.) It is not in dispute that at Bishanpur, in the erstwhile district of Bhagalpur now in the district of Banka, there is a school known as Azad High School. It is a Muslim minority school. It was recognized as such by the State Government as far back as in the year 1965 itself. The school is a general school conducting courses up to matriculation under the Bihar School Examination Board. In 1980, the State Government decided to take over most of the privately managed secondary schools and enacted an ordinance which, ultimately, culminated in the Bihar Non-Government Secondary School (Taking Over of Management and Control) Act, 1981. Section 18 of the said Act deals with minority institutions. In terms of Articles-29&30 of the Constitution of India Section 18 of the said Act, inter alia, provided that a minority school would not be taken over if it was managed by a registered society. Section 18 further provides that so far as appointment of teachers in such minority recognized school are concerned, the Managing Committee would be free to make appointment but it had to seek approval from the Bihar School Service Board. Thus, if the minority school was a Government aided minority school then the post had to be sanctioned by the Government and appointments made to the posts had to be approved by the Government through the Bihar School Service Board.