KAMESHWAR UPADHYAY Vs. STATE OF BIHAR

JUDGEMENT

(1.) S .K. Katriar, J. - This writ petition by the sole petitioner is for issuance of a writ in the nature of certiorari for quashing the order contained in memo no. 1128 (Legal), dated 30.10.96 (Annexure -11), passed by respondent no. 2, the Director of Secondary Education, whereby the claim of the petitioner for recognition of his services as acting Headmaster for purposes of permanent absorption as Headmaster of Project High School, Kasiadih, Palamu, with effect from April, 1984, has been rejected. Further prayer has been made to quash the order contained in memo no. 159, dated 19.12.97 (Annexure -12), passed by respondent no. 3, Regional Deputy Director of Education, South Chotanagpur Division, whereby the petitioner has been transferred and posted outside the district of Palamu. During the pendency of the writ petition, the petitioner was placed under suspension for refusal to carry out the aforesaid order dated 18.2.97 (Annexure - 11), and was, therefore, placed under suspension in view of initiation of departmental proceeding, vide office order contained in Memo No. 358, dated 8.4,97 (Annexure -15). By order dated 7.9.97, passed by this Court, the amendment application of the petitioner was allowed and the said order of suspension dated 8.4.97 (Annexure -15), has been allowed to be challenged.

(2.) ACCORDING to the petitioner, he had joined a private school as an Assistant Teacher in 1965. A large number of private schools in the State of Bihar were nationalised with effect from 2.10.1980 in terms of the Bihar Non -Government Secondary Schools (Management and Control) Act, 1981 (Act 33 of 1982). The petitioner further states that the school in which he was appointed and was working was also nationalised and he along with many others became government servants. According to the further case of the petitioner, the Govt, of Bihar in the Department of Education had issued its letter contained in Memo no. 705, dated 12.10.1982, whereby the State Government promulgated a scheme opening 72 schools (Non -Scheduled Tribe areas) and 78 schools (Scheduled Tribe Areas) with effect from 1.1.1 -982. A copy of the said letter dated 12.10.1982 is marked An -nexure -1 to this writ petition. The State Govt. had decided to open more schools in blocks where there were inadequate number of schools and there were no girls schools at all. The preface of the said letter states that the State Govt. had taken the following decision with respect to the organisation and management of the schools which is stated in the subsequent paragraphs of the letter, para -graphs -1 and 9 of which are relevant in the present context and are set out herein below for the facility of quick reference: ...[VERNACULAR TEXT OMITTED]...

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