CHIRANJIB MISHRA Vs. BIHAR SANSKRIT SHIKSHA BOARD

JUDGEMENT

(1.) The Petitioner has challenged the order of the Chairman, Bihar Sanskrit Shiksha Board dated December 12, 1994, as contained in Annexure-18 to the writ petition on merit as also on the ground of jurisdiction.

(2.) The writ petition involves dispute regarding inter se seniority between the Petitioner and Respondent No. 5 Ramanand Prasad Singh. Both of them had come to this Court in C.W.J.C. Nos. 2417 and 5968 of 1992 respectively. The writ petitions were disposed of by common order dated April 4, 1994, with direction to the competent authority to decide the dispute uninfluenced by the findings of the Special Director, Secondary Education, whose decision in the matter leading to the aforementioned writ petitions was found to be without jurisdiction. The impugned order has been passed by Smt. Ritambhari Devi, Special Director, Secondary Education, officiating as Chairman of the Sanskrit Shiksha Board at the relevant time. According to the Petitioner, as indicated above, the order of the Chairman in the matter of dispute relating to inter se seniority between the parties is without jurisdiction. According to him the dispute lies within the exclusive domain of the Managing Committee. In view of the Bihar State Non-Government Sanskrit High School (Conditions of Service) Rules, 1976, which, as held by this Court in Chandra Kant Jha V/s. Bihar Sanskrit Shiksha Board, Patna, through its Chairman and Ors.,1991 2 PLJR 22 continue to be applicable in the absence of any Rule framed under the Bihar Sanskrit Shiksha Board Act, 1981. I do not find any substance in the challenge. More so, having subjected himself to the jurisdiction of the Chairman and participated in the proceeding without any demur and got an adverse order, the Petitioner cannot be allowed to challenge jurisdiction of the authority at this stage.

(3.) Counsel for the parties made detailed submissions on merits. The order of the Chairman of the Bihar Sanskrit Shiksha Board is otherwise appealable under Section 24 of the said Act. The authority prescribed to hear the appeal is the Special Director, Secondary Education, vide notification No. 960 dated August 19th as indicated above, the authority who has passed the impugned order dated December 12, 1994 is none else than the Special Director, Secondary Education, herself. Since the dispute as regards the inter se Seniority involves question of fact, which otherwise under Section 24 of the Act is amenable to the appellate jurisdiction, I am of the opinion that it would be in the ends of the justice if the parties are relegated to the appellate forum. In the facts of the case, however, as the Special Director as the appellate authority in the regular course cannot hear the appeal against her own order, I would direct the Commissioner-cum-Secretary, Human Resources Development Department, Government of Bihar, to decide pie appeal. It will be open to the Petitioner to prefer appeal within a fortnight along with a copy of this order before him. If this is done, the same shall be entertained and decided on merit by order after giving opportunity of personal hearing to the parties.