BHAIRVINANDANMISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this writ application the petitioner is aggrieved by the part of the order dated 7.10.86 passed by the Director, Secondary Education (Annexure '2') by which the request of the petitioner for recognition of his service as an Assistant Teacher in Gouri Shankar Bajrang Jalan Girls High School (hereinafter referred to as 'the school' only) lying in the district of Sitamarhi, has been rejected on the ground that he is not having the necessary teachers training qualification.

(2.) Admittedly the school in question had been taken over by the State Government under its scheme of establishing Pr ject Schools in the State. Under the said scheme in its first phase 150 schools were taken over in 1981-82 and subsequently in the second phase in total 300 schools are sought to be taken over. It appears that the school in question was recognised by the State Government as a project school with effect from 1.1.82. Subsequently by the impugned order though services of various lady teachers and one male teacher, namely Gaganeshwar Tiwari were recognised by the Government as Assistant Teachers in the school but that of the petitioner has been rejected. In the impugned order it has been noticed that though the petitioner was appointed by the Managing Committee of the said school on 10 8 81 but his services cannot be recognised by the Government as an Assistant Teacher because he is untrained.

(3.) Learned counsel for the petitioner has challenged the validity of the impugned order (Annexure '2') on the ground that under the policy decision of the Government as envisaged under letter No 405 dated 19th July, 86 (Annexure '3') provisions have been made for payment of salary to even untrained teachers, therefore, it has been wrongly held by the Director that the services of the untrained teachers appointed in private schools which were subsequently taken over under the Project Scheme cannot be recognised for treating them as government servants in that capacity To substantiate this plea, the learned counsel has referred to the orders passed by the Director, Secondary Education in relation to some lady teachers whose services have been recognised though they were untrained. The said orders have been filed as Annexures '6' and '7'.