SANYUKTA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Mr.Madhav Rai, learned counsel for the petitioner and Mr. Purushottam Jha, learned

(2.) IN this writ application, the prayer of the petitioner is to quash an order dated 4.9.1993 passed by the Secretary of the Bihar Sanskrit Shiksha Board (hereinafter to be referred to as &aposthe Board&apos) whereby and whereunder, the Secretary to the Board has directed for continuance in the service of Kailash Kumar Singh, an Assistant Teacher in Bhagwati Nandita Sanskrit Prathmik Vidyalaya, Kunwari Gola, Purnea by canceling an earlier order passed by the Secretary to the Board dated 12.7.1993.

(3.) THE further case of the petitioner is that on the basis of such manipulation of records, when the respondent no. 7 had staked his claim for seeking approval of his service by the Board, the then Chairman of the Board having issued notice to the petitioner as also the Managing Committee, Secretary and the Headmaster and after perusing the records as also hearing the parties came to a conclusion that it was the petitioner who was entitled to continue as an Assistant Teacher of the School and that there was no merit in the claim of the respondent no. 7 seeking approval on the same post of Teacher occupied by the petitioner. It is also the case of the petitioner that such order of the Chairman of the Board dated 17.2.1986 rejecting the claim of the respondent no. 7 was assailed by the respondent no. 7 in an appeal before the State Government in Appeal No. 22 of 1988 and the Special Director, Secondary Education authorized to dispose of such appeal after issuing notice to the parties and also hearing them had dismissed the appeal of the respondent no. 7 by an order dated 24.4.1989.