MANJUJHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The dispute in this batch of writ petition relates to appointments of Headmistresses in Nationalised Schools of the State.

(2.) The Bihar Non-Government Secondary Schools (Taking Over Management and Control) Act, 1981 (in short 'the Act'), under which the schools in question have been nationalised, provides for a Vidyalaya Seva Board (hereinafter called 'the Board'), which is to make recommendations to the Director (Secondary Education) for appointment and promotion of Assistant teachers and Headmasters. The Bihar Nationalised Secondary Schools (Conditions of Service) Rules, 1983 (in short 'the Rules'), framed under the said Act provides for appointment of Headmasters by bath direct recruitment and promotion. As per Rule 780% vacancies on the posts of Headmaster are to be filled by promotion while the rest 20% by direct recruitment. The impugned appointments have been made by direct recruitment on the basis of advertisement and selection by the Board. According to the rules, the vacancies in the quota of direct recruits are to be communicated to the Director (Secondary Education); the Director after receipt of the information regarding vacancies has to send requisition to the Board and after receipt of the recommendation from the Board the appointments are to be made by the State Government or the prescribed authority.

(3.) From the materials brought on records it appears that an advertisement was made in 1986, vide Advertisement No. 1/86, for direct recruitment of Headmasters for which both the male and female teachers were eligible to apply. On 20.2.88 the Board was asked to prepare and send panel of candidates for appointments of headmasters/Headmistresses in the Project schools established under the sixth and the seventh five year plans numbering 450 schools including 358 Girls High Schools and 92 Boys High Schools. On 23.7.88 the Board sent two separate panels of male and female candidates. The names of 225 female candidates were sent in the female panel. From the counter-affidavit filed in C.WJ.C. No. 10660 of 1995 (page 83 of the brief) it appears that 184 male teachers and 225 female teachers were appointed as Headmasters/headmistresses from the said two panels. On 29.8.88 the Director asked for 250 more names of female candidates against 177 posts of Headmistress which included the left-over 133 Project schools (out of 358 with respect to which requisition had been sent earlier on 20.2.88) plus 44 more project schools. An advertisement was, accordingly, made vide Advt. No. 1/89. Although as per letter dated 29.8.88 the appointments were to be made in Project schools alone, in the advertisement both the project and nationalised schools were mentioned. It may be stated here that the expression 'nationalised schools' means and includes schools which have been taken over by the State Government under the provisions of the said Act, while the expression 'Project schools' refers to such schools which were established by the State Government under a policy decision to establish Girls High Schools in each block of the State. Another feature of the said advertisement was that unlike the previous advertisement, i.e. Advt. No. 1/86, only female candidates were made eligible for appointments and the posts were described as those of 'Headmistresses' and not by its generic name 'Headmaster'. Pursuant to the advertisement the Board prepared a panel which was later cancelled by the Government by its letter No. 102 dated 20.2.91 on the ground of irregularities in the matter of selection. The Board was directed to prepare a fresh panel. In terms of the said letter dated 20.2.91 what the Board was required to do was to prepare a fresh panel of candidates who had already participated in the selection but it appears that a fresh advertisement was made bearing Advt. No. 3/91. The impugned appointments have been made pursuant to this advertisement.