RAM BALAK PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner has filed the present writ application for quashing the order dated 14.9.96 passed by the Director, Secondary Education, Government of Bihar, respondent no. 2 by which he has rejected the claim of the petitioner for appointment to the post of Headmaster of Adarsh Uchcha Vidyalaya, Tetarhat, in the district of Lakhisarai on the ground that the petitioner did not possess the requisite experience on the relevant date for appointment to the said post and for further direction to accept the petitioner as the Headmaster of the said school and grant all consequential benefits.

(2.) THE permission to establish the school was granted by the erstwhile Bihar Secondary Education Board by its letter dated 7.12.1975. The school was recognised by the order of the competent authority on 31.12.1979. In the said letter at the time of recognition the petitioner was shown as Acting Headmaster and one Gopal Sharan Sahu was shown as Assistant Teacher.

(3.) IN exercise of power under section 15 of the Act the State Government framed a rule laying down service condition of the employee under notification no. 398 dated 9th June, 1983 which was published in the official gazettee on 26.9.83. The said Rule contains the provision for filling up the post of Headmaster by promotion as well as by direct recruitment.