ARYA CHANDRA KUMAR Vs. THE STATE

JUDGEMENT

(1.) This is an application under Art. 226 of the Constitution of India for quashing an order by which the petitioner's appointment as a teacher in a middle school has been cancelled in the following circumstances.

(2.) The case of the petitioner, briefly stated, is as follows: He passed the Bachelor of Arts Examination in 1967 and became a trained graduate in 1968 Thereafter, he was appointed as a teacher in Guraru High School in the district of Gaya which is a private institution. Having come to know that there were vacancies of trained teachers in middle schools in the Education Department of the State of Bihar, which carried a higher pay scale tho petitioner applied for the same, as interview was held on 11-2-1970 and he was selected for appointment. By a letter dated the 7th Aug., 1970, issued by the District Education Superintendent of Gaya (Opposite Party no. 2), the petitioner was asked to produce attested copies of the certificates and testimonials which he did. Thereafter, by a letter dated the 16th Oct., 1971 again issued by the District Education Superintendent, the petitioner was appointed a teacher and directed to join the post in a school at Shamsherkhap within Sherghati Block within 15 days from the date of receipt of the letter. He was asked to report himself before the Block Education Officer again with original certificates and testimonials and a medical certificate of fitness. The petitioner received the aforesaid letter on the 18th Oct., 1971, resigned the post which he was occupying in the Guraru High School on the 21st Oct., 1971 and reported himself for duty the same day before the Block Education Officer at Sherghaati. The latter, however, asked him to join another school either at Shamama or Chitaikala, situate within the same block, and also asked the petitioner to get his letter of appointment amended in so far as related to his posting to the post of Shamsherkhap school. In view of the aforesaid, the petitioner went to the District Education Superintendent on the 23rd Oct., 1971, who asked the petitioner to come after a few days. The petitioner went again put the District Education Superintendent evaded doing what was required. Thereafter, on the 4th Nov., 1971, the petitioner received a letter dated the 3rd Nov., 1971, from the District Education Superintendent to the effect that the letter of appointments had been issued to the petitioner on account of a mistake of Typist and, accordingly, it was cancelled. Thereby, the Block Education Officer of Sherghati was also directed not to accept the joining report of the petitioner. This is the impugned order contained in Annexure '3'. The petitioner there after represented his case to the Director of Public Instruction, Bihar, and sent copies of the aforesaid representation to the Chief Minister and Education Minister. The petitioner wrote a letter to the Prime Minister of India as well. The authorities of the State Government did not give the petitioner any categorical reply. Hence the present application.

(3.) On behalf of the State of Bihar, a counter affidavit has been filed which has been sworn by the present District Superintendent of Education posted at Gaya. Briefly stated, it is alleged that the petitioner cannot be treated as a trained Graduate, the petitioner never applied for the job, was never called for an interview and a crowd of persons including the petitioner had forced themselves during art interview and were accordingly interviewed, that matriculate trained teachers were required for primary and middle schools and the post was not advertised for appointment of trained teachers in middle schools. It has been admitted that a letter of appointment was issued to the petitioner but it is stated that "on scrutiny it was found that he was not a full fledged trained teacher" and accordingly the mistake was rectified by issuing the letter of cancellation (Annexure 3). It is also said that "the name of the petitioner could not have been included in the panel for 1965 as he became qualified only in 1968".