PHULENA PRASAD YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application has been filed for quashing the order dated 21.6.1999 whereby the prayer made by the petitioner to recognise him as Headmaster of the School has been rejected.

(2.) SHORT facts giving rise to the present application are that the petitioner was appointed as Assistant Teacher in Gandak High School, Tarwara, Siwan, hereinafter referred to as the School by order dated 20.1.1973. The School in question was given permission for establishment and recognition by Bihar Secondary Education Board under the provisions of Bihar Secondary Education Board Ordinance with effect from 16.2.1974 and 11.4.1978 respectively. According to the petitioner, he was lateron promoted as the Headmaster of the school by resolution of the then Managing Committee dated 9.1.1978. According to the petitioner, although he was functioning as the Headmaster on the date the recognition was given but in the order of recognition, he was described as Incharge Headmaster. Thereafter, several persons were attempted to be posted in the School but none of the orders could be implemented. One Habib Ansari was ultimately posted in the School by order dated 7.6.1980 and the petitioner challenged the said order by filing C.W.J.C. No. 2674 of 1990. However, during the pendency of the writ application, said Habib Ansari was posted elsewhere and in that view of the matter, writ petition was disposed of by order dated 17.4.1985 with a direction to the Director, Secondary Education to consider the case of the petitioner for appointment as Headmaster of the School in the light of the Government Circular No. 510 dated 20.11.1981. In the light of the said order, case of the petitioner was considered and it was found that he having not possessing the minimum requisite experience of ten years in service on the relevant date, his claim for recognition as Headmaster is not fit to be granted.

(3.) IT seems that the petitioner accepted the said order. Lateron, petitioner represented for recognising him as the Headmaster on completion of seven years of service, inter alia, contending that in similar situation, the Supreme Court in Civil Appeal No. 4032 of 1988, directed for regularisation to the post of Headmaster to similarly situated person. The prayer of the petitioner was considered and finding that the writ application filed by him has already been dismissed by this Court, respondent by the impugned order, did not accede to his prayer.