NARENDRA KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this writ application the petitioner prays for issuance of a writ of mandamus directing the respondents to treat the petitioner as Headmaster of Gouri Shanker Mahabir Kanya Uchch Vidyalaya, Jail Press Colony, Gaya, and to pay him the salary of Headmaster. The relevant facts of this case are as follows. That a decision was taken by the local people of Gaya to open a Girls High School in the Jail Press Colony, Gaya, and, for that purpose, a Managing Committee was constituted. The Managing Committee of the school appointed the petitioner as founder Headmaster and an appointment letter to that effect was issued by the Secretary of the Committee on 20.2.1982 (Annexure '2'). The petitioner was a Trained Graduate at the time of his appointment as Headmaster of the said school. Prior to that he was an Assistant Teacher in Sahid High School, Gaya, a recognised High School from 1.12.1970. The petitioner joined the instant High School on 12.3.1982. The Government of Bihar appointed a special Board for inspection and report as to whether the school fulfils the requirements for take over under the Bihar Non -Government Secondary School (Taking over of Management and Control) Act (hereinafter to be referred to as 'the Act'). On 5.4.1982, the members of the special Board visited the school and a report was submitted to the Director, Secondary Education, Government of Bihar. The special Board accepted the fact that the petitioner is the Headmaster of the school which would be apparent from Annexure '3' of the petition. The report of the special Board was considered by respondent Nos. 1 and 2 granting recognition of the school as well as taking over of the management and control of the school with immediate effect. But, in the said notification it is said that the petitioner has been shown as an Assistant Teacher of the school. A copy of the said notification is marked as Annexure '1'.

(2.) The petitioner's case is that he was never appointed as an Assistant Teacher by the Managing Committee. He was appointed as a Headmaster and when the school was taken over his services as Headmaster would be automatically transferred to the State Government under Sec. 4(2) of the Bihar Non -Government Secondary Schools (Taking over of Management and Control) Ordinance, 1980. Sec. 4(2) does not empower the State Government to demote the petitioner beyond changing the designation. Change of designation cannot mean demotion of a person and it will not include change in the status of a person beyond describing a particular post by a different name. Mr. Rajendra Prasad Singh contended that in view of the provisions of Sec. 4(2) and (3) of the Act the petitioner will be deemed to be the Headmaster whose services stood transferred to the State Government on the date of the take over of the school that is, 15.10.1982. The terms and conditions of his service are also guaranteed under Sec. 4(3) of the Act inasmuch as it shall continue to be the same as it was before the taking over of management and control of the school. The alteration, if any, could be, according to the learned counsel, by making of rules as required under Sec. 15 of the Act and/or Sec. 10(9). The petitioner, therefore, should be treated as Headmaster and ought to be paid the salary enjoined to the office of Headmaster of the institution. Learned counsel contended that the right to change designation cannot affect the status of the petitioner by treating the petitioner as an Assistant Teacher as it amounts to his demotion from his previous appointment as the Headmaster of the school. This, learned counsel submits, is impermissible in law.

(3.) The case of the respondents, on the other hand, as it appears from the counter -affidavit, is that the school was recognised from 12.10.1980 and there is no provision under the Act for approving the founder Headmaster as the Headmaster in this school. On the contrary, Government Circular No. 852 dated 21.12.1982 provided that the posting of Headmaster in such schools will be done on the basis of seniority list and, according to the service condition rules. Giving of approval to the founder Headmaster will affect the seniority of other teachers working in this school. It is further submitted that the provision for founder Headmaster is only with respect to schools which have been recognised before 2.10.1980 and those nationalised on 2.10.1980. It is further submitted that recognition and approval of teachers in a school after 2.10.1980 is done on the basis of Sec. 3(3) of the Act. It is further stated that there is no question of demotion in view of the Government Circular No. 852 dated 21.12.1982 and the Service Condition Rules, 1983 that the post of Headmaster since 2.10.1980 wilt be filled up on the basis of gradation list. The rules provide that 80% of the posts will be filled up by promotion from the seniority list and 20% by direct recruitment with the consent of the School Service Condition Rules.