TRIGUN CHAND THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Mr. Vikas Kumar for the appellant, Mr. Anil Kumar Jha, G.A.2, for respondents 1 & 2, Mr. Tej Bahadur Singh, Sr. Advocate, for respondents 3 & 4 (Bihar Sanskrit Shiksha Board), and Mr. Purushottam Jha for respondents 6 & 7 (Managing Committee).

(2.) This appeal has been preferred in terms of Clause 10 of the Letters Patent of the Patna High Court. The appellant is aggrieved by the order dated 29.4.1999, passed in Trigun Chandra Thakur V/s. The State of Bihar & Ors., CWJC No.941 of 1998 whereby it has been held that in view of the law laid down in the case of Chandra Nath Thakur V/s. The Bihar Sanskrit Shiksha Board & ors., 1999. 1 PLJR 529, the writ petition is not maintainable.

(3.) THE appellant was appointed as a Sanskrit Teacher in Brij Mohan Sanskrit Prathmik -sah - Madhyamik Vidyalaya, Dabhra, P.S. Tarabari, District Araria. In view of certain allegations against him he was dismissed from service leading to CWJC. No.10698 of 1994 (Trigun Chandar Thakur V/s. The State of Bihar & Ors.) which was disposed of by order dated 31.8.1995, whereby with the consent of the parties, the appellant was permitted to raise his grievance before the Chairman of the Bihar Sanskrit Shiksha Board. The appellant 'srepresentation before the Chairman was allowed by order dated 13.8.1996, whereby the order of dismissal was set aside. 3.1) Aggrieved by the same, the Managing Committee of the School preferred an appeal before the Bihar Government which was allowed by order dated 13.12.1997, passed by the Special Secretary, Secondary Education, Primary & Adult Education, Bihar, the order of the Chairman was set aside and the matter was remitted back to him for a fresh consideration in accordance with law. It was further observed therein that the grievances raised in the memorandum of appeal may be specifically considered by the Chairman. Aggrieved by this order, the appellant preferred the present writ petition, which has been dismissed on the ground that the appellant was a School teacher in a privately managed school and, therefore, on the strength of the aforesaid judgment in Chandra Nath Thakur {supra) has been held to be not maintainable.