KHIROD MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS writ petition was taken up on 26.10.1999 but it was not heard in view of the fact that the name of the learned counsel for the State was not shown in the daily cause list. Thus this Court directed that the name of the learned counsel for the State may be inserted. Thereafter learned counsel for the State has appeared today and he has been heard.

(2.) NO one appears for the petitioner today when the matter is called on. It is an old matter of 1987. It may be noted that the case was dismissed for default previously on 5.3.1998. Thereafter it was restored and even then no body appears for the petitioner today.

(3.) IN that view of the matter, this Court cannot pass any order directing the respondents authorities to recognise the petitioner as the Headmaster of the school. Reference in this connection may be made to the judgment of the learned Single Judge of this Court in the case of Ram Balak Prasad Singh vs. State of Bihar and ors. reported in 1998 (3) P.L.J.R. page 255. In paragraph 17 of the judgment the learned Judge has dealt with the laws on the subject and has also referred to the Division Bench judgment of this Court in the case of Phulena Prasad Yadav vs. State of Bihar reported in 1991 (2) P.L.J.R. page 449. The learned Judge has held that the case of teachers for promotion as Headmaster has to be with reference to the state of affairs as existing on 2.10.1980 and with reference to that very date, the teaching experience of the teacher has to be counted.