IRFAN AHMAD KHAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) There are two writ applications. One is by an individual and the other by the so-called association which is a registered one, representing the cause of the minority secondary teachers. Since both the writ applications have raised identical questions, both of them have been taken up together not only for arguments but also for adjudication.

(2.) The issues raised herein that decision of the Bihar Public Service Commission (hereinafter referred to as the BPSC) to reject the candidature of the claimants or applicants for the post of Headmaster on the ground that the concerned candidate or candidates are teachers of a Minority Institution and therefore, are not eligible to apply or to be considered for the post of Headmaster for which an advertisement was issued by the BPSC is illegal. The communication or order of rejection is contained in Annexure-9 (in CWJC No. 6038 of 2014) and Annexure-7 (in CWJC No. 5643 of 2014). Not only the communications are under challenge but now a mandamus is being sought for quashing of letter dated 28.03.2008 issued vide Memo No. 1755 of the Human Resource Department, Government of Bihar through I.A. No.2036 of 2016.

(3.) There is a statute which is known as Bihar Nationalized Secondary Schools (Service Conditions) Rules, 1983. This was formulated and notified on 9th June, 1983 after the State of Bihar as a matter of policy decided to take over many private schools imparting education of such kind who were in the hands of private managing committees. To fill up the post of Headmaster for such schools, BPSC issued an advertisement inviting applications from eligible candidates. The advertisement is dated 06.05.2007.