(1.) ON a direction by the Board, the School in question became obliged to supply the vacancy in the post of Headmaster as had occurred in the School. Liberty was granted to the School to supply such vacancy through direct recruitment or by promotion. The School gave promotion to the appellant. The private respondent in the present appeal challenged such appointment by filing a statutory appeal. In the appeal the private respondent contended that he was senior to the appellant and, accordingly, the vacancy in the post of Headmaster by promotion could not be supplied by the appellant ignoring him. This contention was accepted by the appellate authority. In the circumstances, the appellant came before this Court by filing a writ petition challenging the said decision of the appellate authority. The Court found that the decision of the appellate authority declaring the private respondent senior to the appellant is erroneous. At the same time, it was urged by the private respondent on the basis of pleadings in his counter affidavit that in any event the order of the appellate authority should be held to be good inasmuch as the appellant did not have the basic required qualification of first class in Shashtri examination. In the rejoinder filed to the counter affidavit, the appellant did not state with what class he passed the Shashtri examination. However, at the time of hearing of the writ petition, the appellant gave an impression to the learned Judge, who dealt with the writ petition, that he has secured second Division in Acharya examination. The Court looked into the 1981 Rules and found that the required qualification for being appointed as Headmaster is second Class in Shashtri or Acharya Examination and not first class, as was contended by the private respondent in his counter affidavit. In the circumstances, the writ petition was allowed and the order of the appellate authority was quashed. Subsequently, the private respondent filed a review application and thereby contended that there is an error on the face of the order of the Court disposing of the writ petition, inasmuch as the order has been passed proceeding on the basis that the appellant is a second class Acharya whereas, in fact, he is a third class Shashtri. This assertion was not denied by the appellant by filing any pleading. The appellant also did not produce his certificate showing that he has secured a second class Shashtri. In the circumstances, by the judgment and order under appeal the learned Judge reviewed his order passed on the writ petition and thereupon recalled the same and dismissed the writ petition.
(2.) THE fact remains that the appellant was promoted to the post of Headmaster on 7th August, 1983 and that the Kailash Bihari Thakur Versus Bihar State Food and Civil Supplies Corporation appellant is a third class Shashtri. In the memorandum of appeal, the appellant has not questioned the 1981 Rules, but has contended that in terms of the said Rules a person who is a Shashtri is entitled to be appointed as Headmaster but if the person is an Acharya, then he is required to have at least a second class Acharya. It was, thus, contended that the appellant, despite having a third class Shashtri, was entitled to be appointed as Headmaster and, accordingly, the order under appeal is interferable.
(3.) IN those circumstances, we see no reason to interfere with the judgment and order under appeal. The appeal stands dismissed.