SANJEEB KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) AN advertisement was published inviting application for appointment to the post of Assistant Teacher in Dayanand Primary Girls School, Mithapur a minority institution. According to the advertisement candidates having two years experience of teaching in a recognised school were eligible for appointment and it also permitted untrained candidates to offer their candidatures. In pursuance of the aforesaid advertisement petitioner as also other candidates offered their candidature. The candidature of the petitioner was considered by the Selection Committee and the Managing Committee and the petitioner was selected for appointment. Accordingly by order dated 20th of July, 1998 (Annexure 2) petitioner was appointed as Assistant Teacher in matric untrained scale. Petitioner in pursuance of the said order submitted his joining on 21.7.1998. The Secretary of the Managing Committee of the Dayanand Primary Girls School, hereinafter referred to as the School, wrote to the District Superintendent of Education by its letter dated 5.10.1998 (Annexure 4) seeking approval to the appointment of the petitioner in the matric untrained scale. The Sub -Inspector of School by its letter dated 19.11.1998 (Annexure 7) forwarded the papers for necessary action to the District Superintendent of Education. A reminder dated 22.11.1999 (Annexure 8) was also sent by the Secretary of the Managing Committee of the School to the District Superintendent of Education. When no decision was taken, the petitioner filed the present writ application praying for a writ in the nature of mandamus commanding the respondents to grant approval to his appointment.

(2.) COUNTER affidavit has been filed on behalf of respondent no. 5 in which order dated 31.12.1998 (Annexure A) has been placed on record, whereby the District Superintendent of Education had disapproved the appointment of the petitioner. The reasons for refusal to accord approval are that the petitioner is not a trained teacher and further in the Selection Committee no representative of the State Government was present.

(3.) A rejoinder to the counter affidavit has been filed in which it has been stated that necessity for training is not must for appointment as Assistant Teacher. It has also been stated that in view of letter of the State Government dated 21.7.1983, if approval is not granted within 30. days, it shall be deemed that approval is already granted.