SUNIT KUMAR JHA Vs. SPECIAL DIRECTOR

JUDGEMENT

(1.) This writ application is directed against the orders, dated 23-3-1983 as contained in Annexures-7 and 8 and a copy of the order, dated 28-4-1984, as contained in Annexure-10 to the writ application.

(2.) The facts of the case lie in a very narrow compass.

(3.) The petitioners were allegedly appointed as teachers in Harish Chandra Jha Uchch Vidyalaya by the Managing Committee thereof. According to the petitioners, their appointments were also approved by the Bihar Sanskrit Siksha Board in terms of provisions of Bihar Sanskrit Education Board Act, 1981. The petitioners have asserted in the writ application the petitioner No. 1 was the founder of the said School. The petitioners were further asserted that both of them have the requisite qualifications to be appointed in the post of teachers in the said School. It appears that several complaints were made with regard to the appointment of the petitioners and the Board purported to have appointed one Diwakar Shashtri to enquire into the matter and allegedly in terms of the report submitted by aforesaid Sri Shastri, the appointments of the petitioners were cancelled by the impugned orders as contained in Annexures-7 and 8 to the writ application. The petitioners have asserted that before passing the said orders, they filed a writ application in this Court which was registered as C. W. J. C. No. 3899/82, but as during the pendency of the said writ application the aforementioned orders, as contained in Annexures-7 and 8 to the writ application were passed, they were directed to prefer appeals before the Special Director in terms of provision of Section 24 of the Act. The petitioners have stated that pursuant to the said order they preferred appeals, but by order, dated 28-4-1984, as contained in Annexure-10 to the writ application, the said appeal was dismissed on the ground that the same barred by limitation and further on the ground that the petitioners did not deposit the requisite fee therefor.