RAM EKBAL RAI Vs. EDUCATION COMMISSIONER

JUDGEMENT

(1.) In an application under Articles 226 and 227 of the Constitution of India the petitioner prays that he should be appointed Head Master of T.K. Ghosh Academy and Annexure 4 be quashed.

(2.) I have been informed by learned Counsel for the parties that the State Government has decided to take over T.K. Ghosh Academy. In this connection Shri Prabha Shankar Mishra learned Counsel appearing on behalf of the Bihar Secondary Education Board (hereinafter referred to as the 'Board'), refers to an annexure attached to the report submitted by the Chairman of the Board. In the present case the Chairman of the Board submitted a report to this Court in consequence of the order dated the 19th October, 1976 passed by this Court. In Its report the Chairman of the Board annexed an annexure. In that annexure, Shri Bhaskar Banerjee, Special Secretary to the Education Department informed the Chairman of the Board that the State Government had decided to take over T.K. Ghosh Academy. It is on the basis of this letter, learned Counsel for the parties- state that the State Government has decided to take over T.K. Ghosh Academy, Patna. If it is so, the present application becomes infructuous.

(3.) In the present case, I intend to lay down certain guidelines to the Board in connection with the appointment of the Head Master of the High School. Clause 43 of the Bihar Secondary Education Board, Second Ordinance, 1976 (Bihar Ordinance No. 124 of 1976) provides that the Board shall appoint Head Master on the basis of the recommendation obtained from the Secondary School Commission (hereinafter referred to as the 'Commission'). In every case of appointment of a Head Master whether on the basis of promotion or on the basis of fresh appointment, the Board is required to obtain the recommendation of the Commission. The Board shall appoint Head Master on the basis of the recommendation of the commission. If the Head Master is appointed on promotion, the Board or the Commission will consider the seniority as the basis of the appointment. While considering seniority preference will be given to that teacher who has obtained earlier educational training after passing Bachelor of Arts or Master of Arts examination. If it is found that a certain teacher is seniormost teacher, he will be automatically selected for the post of the Head Master.