MOHD SAGIR ANSARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this application the petitioner has prayed for a declaration that he is a permanent Head Master of S. S. High School, Kisko at Lohardaga and for quashing an order dated 4-5-1987 passed by respondent No. 3 not declaring him as a permanant Head Master.

(2.) The petitioner had filed a writ application in this Court earlier for self-same relief being C.W.J.C. No. 2060 of 1993(R) and by an order dated 5-8-1993. The said application was dismissed inter alia on the ground that the petitioner did not fulfil the requirement of the founder Head Master in terms of Government Notification No. 511 dated 20-11-1981. It was further held that all aspects of the matter have been considered by the competent authority in his order dated 4-5-1987 as contained in Annexure 7 to the writ application. The petitioner has now filed writ application alleging that he was appointed by the Managing Committee of the School. The petitioner has now contended that he was appointed in the year 1968 when the. school was established. He has further contended that although his representation was rejected by an order dated 4-5-1987, as contained in Annexure 8 to the present writ application the respondents are not taking into consideration the Circular No. 1072 (Vidhi), dated 9-11-1987 which is contained in Annexure 9 to the writ application to the effect that a Founder Head Master would be made permanent in case he completed seven years of service till the date of taking over of the school, subject to the condition that the services of such teacher are without any break or interval.

(3.) The grievance of the petitioner is that the respondents as also this Court in earlier writ application did not take into consideration the aforementioned circular. Evidently, the question of consideration of the said circular by the Director, Secondary Education does not arise as the said circular had been issued subsequently to the passing of the said order.