DIPNARAYAN YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) IT is the case of the writ petitioner -appellant before us that he was appointed as the Headmaster by the Managing Committee of the School before its take over. Admittedly, the School was taken over and at the same time, the services of the petitioner were also taken over. At the time when the take over took place, petitioner, in accordance with the regulations of the Government, did not have the basic required educational qualification for being appointed as Headmaster. There is nothing on record which would suggest that the services of the petitioner as Headmaster were taken over. It appears that the petitioner -appellant, despite not having had the basic educational qualification to discharge the duties of the Headmaster, was discharging the duties of the Headmaster of the taken over School. The Establishment Committee felt that the petitioner - appellant was duly appointed as the Headmaster of the taken over School and, accordingly, at one stage, transferred the petitioner -appellant to another School as Headmaster. The fact remains that if the services of the petitioner -appellant had been taken over as a teacher then the petitioner - appellant could discharge the duties of the Headmaster, as such. Headmaster, on being promoted to the post of Headmaster. It is not the case of the petitioner -appellant that after he acquired the basic minimum qualification for being appointed as Headmaster, subsequent to take over of the School in question, he was promoted to the post of Headmaster either of the said School or of any School.

(2.) IN those circumstances, petitioner - appellant had no right to hold the post of Headmaster of the transferred School and, accordingly, there was no impediment in appointing the respondent No. 5 to the writ petition as Headmaster of the said School. Having regard to the fact that the services of the petitioner were taken over and he was transferred to the School in question, the petitioner - appellant was only entitled to discharge the duties of a teacher of the transferred School.