JAINENDRA KUMAR JAIN Vs. DIRECTOR SECONDARY

JUDGEMENT

(1.) The sole question for determination in this application under Articles 226 and 227 of the Constitution of India is as to whether the writ petitioner is entitled to invoke the provision of Section 4(2) of the Bihar Non Government Secondary Schools (Taking over of Management and Control) Act, 1982 (Bihar Act 33 of 1982) (hereinafter referred to as the Act). But before I come to that question the relevant facts.

(2.) In this application the petitioner has prayed for the issuance of a writ of mandamus or any other writ or a direction to the respondents commanding them to accord immediate approval of his services with effect from 19th February, 1983 and to pay to him the salary and other emoluments from that date.

(3.) The petitioner is an assistant teacher in High School, Kachharia within police station Chandil in the district of Nalanda. The petitioner asserts that he was appointed as an assistant teacher against the post of mathematics teacher on 1st September, 1981 by the Managing Committee of the aforesaid school. The other facts are not relevant. Only two dates need be taken into consideration Admittedly the petitioner was appointed as an assistant teacher by the erstwhile Managing Committee of the school on 1st September, 1981. Although a counter affidavit has been filed, this fact has not been denied. The only other relevant date is 19th February, 1983 on which date the school in question was taken over by the State Government under the provisions of the Act. That immediately brings us to the provision of Section 4(2) of the Act. Section 4 deals with the consequences of taking over of the management and control of the school and Section 4(2) of the Act reads thus: