MDNAZAMUDDINKHAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this writ application, the petitioner has prayed for Issuance of a direction, order or writ in the nature of mandamus commanding the respondents, inter alia, to grant approval to the recommendation of the managing committee of the Islamia High School, Sheikhpura in the district of Monghyr appointing him as regular Headmaster thereof.

(2.) The fact of the matter lies in a very narrow compass.

(3.) Islamia High School, Sheikhpura is a minority institution. The managing committee of the said School on 7 5 1976 issued an advertisement. The petitioner was appointed on 13.6 1976 by the managing committee. The petitioner was allegedly given the pay scale of Headmaster by the District Education Officer on 20 10.1986. A writ petition was filed by some of the members of the managing committee of the School before this court in C. W. J. C. No. 173 of 1989 praying therein that the grant of scale of pay of the Headmaster to the petitioner be quashed. By an order dated 13.3 1991 this Court quashed the said order of the District Education Officer. The petitioner filed an application for special leave to appeal before the Supreme Court of India against the said order which was registered as S L P. (Civil) No. 10218 of 1991 and by order dated 30.9.1991 the said appeal was dismissed. However, the petitioner was directed to be paid his salary with effect from 1.2.1980 till the date of passing of the said order by the Supreme Court. The respondents were, however, given liberty to put an advertisement for such appointment and the petitioner was also given a liberty to apply therefor. The order of the Supreme Court is contained in Annexure-2 to the writ application. According to the petitioner, respondent No. 7 issued a letter dated 4.10.1991 directing the petitioner to continue as Headmaster. The petitioner also filed a representation that as he has been continuing as Headmaster for 16 years, his services should be regularised. The petitioner, however, received a letter dated 6 10 1991 as contained in Annexure-4 to the writ application whereby the petitioner was directed to give charge to respondent No 6.