DHRUB LOCHAN PRADHAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner seeks direction to the respondents to recognize him as Headmaster of High School, Kuchai, Raj Kumar Ram Versus State Of Bihar District West Singhbhum. The relevant facts are as follows :

(2.) THE school in question was granted permission to establish by the then Bihar Secondary Education Board on

(3.) BEFORE I advert to the case of A.K. Pradhan, it would be appropriate to mention that the petitioner claims his rights in terms of Circular Nos. 510 and 511 dated 20.11.81. The said circulars, which have been held by a Division Bench of this Court to be law on the subject, lay down the criteria and the procedure for recognition of teachers as Headmasters in the taken over schools. It inter alia, provides that person who possesses certain years of teaching experience of recognised school, alone can be recognised as Headmaster. Dealing with the question as to the cut -off date with reference to which such teaching experience is to be reckoned, a Division Bench of this Court in the case of Phulena Prasad Yadav V/s. State of Bihar, 1991(2) PLJR 449 has observed; "It is true that unlike circular no. 511, there is no specific mention as to on which date this ten years teaching experience is to be, calculated. But having regard to the fact that the said circular the post of Headmaster by promotion from amongst the eligible assistant teacher of the school in question, treating the school as a suit in cases where the vacancy had occurred prior to 2.10.1980, it would be clear that the cut off date for the purpose of calculating the teaching experience has to be 2.10.1980 and no other date. A bare perusal of the first part of the said circular, which has been extracted above, would show that in respect of vacancies on the post of Headmaster of taken over High Schools two categories have been carved out. In the first category are such schools in which the post of Headmaster fell vacant before 2.10.1980 and in the second category are such schools where the posts fell vacant on or after 2.10.1980. In cases falling in the first category, the schools were to be treated as separate unit for the purpose of filling up the post of Headmaster, the idea being that the status quo ante prevailing prior to 2.10.1980 was to be maintained, The Bihar Non - Government Secondary Schools (Taking over of Management and Control) Ordinance, 1980 came into force with effect from 2.10.1980 and, therefore, it was provided that if the vacancy had occurred prior to that date, such vacancy must be filled up by giving promotion to the assistant teacher possessing the prescribed qualifications for such appointment as before............As I have indicated above, the underlying idea behind carving out two distint classes and providing two different modes for making appointment on the vacant post of Headmaster in the aforesaid two classes was to give an opportunity of consideration i.e. a chance of promotion to only such of the eligible assistant teachers of