KAPILDEOTIWARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner in the present writ application has challenged the validity of the notification dated 13-1-1982, contained in Annexure 1, whereby he has been granted recognition only as art Assistant Teacher in Lakhan Djhara High School, Bhojpur.

(2.) In short, the case of the petitioner is that he was initially appointed as an Assistant Teacher in the recognised Punchsheel High School, Kumhrar, Patna from 20.9.1965 to 2.7.1972. Later the villagers of village Lakhan Dihara established Bhartiya High School and an advertisement was issued for appointment to the post of Headmaster. The petitioner, who was M.A., B Ed. and duly qualified, applied for the post of Headmaster in the School in response to the aforesaid advertisement. The Managing Committee of the School after the interview of the candidates including the petitioner, appointed the petitioner as Headmaster of the School and he joined in that capacity on 3-7-1972. The petitioner has been continuing as Headmaster of the School since then. Later the State Government appointed the Special Board for inspection for the purpose of recognition and take over of the School. The Special Board submitted its report in which the petitioner was shown as Headmaster of the School. The said report is Annexure 3 to the writ petition. The State Government, after considering the report of the Special Board, recognised and took over of the management and control of the School under the provisions of the Bihar Non-Governments Secondary Schools (Taking Over of Management and Control) Ordinance, 143 of 1980, vide impugned notification dated 13th January, 1982 (Annexure 1). However, by the said notification the petitioner was granted recognition only as an Assistant Teacher with which he is aggrieved and hence filed the present writ application.

(3.) The writ application was admitted on 23-9-1983 and an interim order was passed that if the petitioner is working as Headmaster still, he will be allowed to continue as such during the pendency of this application.