GURUDEO GUPTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this petition under Articles 226 and 227 of the Constitution, the petitioners have prayed for quashing the ORDER :of the Special Director, Secondary Education, Department of Education, Bihar, dated 22.11.1988, contained in Annexure 1 as also the ORDER :of the Chairman, Bihar Sanskrit Shiksha Board (hereinafter called 'the Board') dated 8.2.1988 contained in Annexure 5 and that of the Board, dated 11.2.1988, contained in Annexure 8, whereby the claim of respondent nos. 6. and 2, except respondent no. 9 to be the genuine teachers of the Sahu Sanskrit PrathmikSah -Madhya Vidyalaya, Karaihya, Saharsa, has been allowed.

(2.) THE case of the petitioners is that they were duly appointed as assistant teachers by the Managing Committee of the School on different dates in the year 1984 and duly recognised by the competent authority. The State of Bihar vide its resolution dated 23.3.1995 resolved to grant recognition to the various schools by the Board. Ultimately after proper verification and scrutiny of different materials, the school in question was recognised in the category of Prathma sah -Madhyama. Thereafter, the Managing Committee resolved to send the names of assistant teachers and other employees of the school before the Board for grant of necessary fund for payment of salary. Accordingly, in compliance of the aforesaid resolution, the Secretary of the school, sent the names of the petitioners for approval. But before the approval of the Board could be granted, respondent nos. 6 to 9 tiled objection before respondent lio.3 alleging that the Secretary of the school instead of sending the names of genuine teachers (respondent nos. 6 to 9), had sent the names of the petitioners, who were not validly appointed in the school. Allegations of tampering of relevant records were also made. It was also alleged that the Secretary in ORDER :to defeat the claim of respondent nos. 6 to 9 had manufactured several documents.

(3.) IT would appear from ti;'3 ORDER :of the Chairman that on receipt of the objection of respondent nos.6 to 9 he issued notices to the Principal and the Secretary of the school calling upon to show cause why the claim of respondent nos. 6 to 9 be not accepted. Ultimately, the Chairman after hearing the relevant parties, held that respondent nos.6 to 9 were the genuine teachers of the school and the list submitted by the Secretary was not genuine. Though the petitioners did not challenge the aforesaid ORDER :but an appeal was preferred by the Secretary of the school before the Special Director under section 24 of the Bihar Sanskrit Shiksha Education Board Act, 1981 (hereinafter called 'the Act'), which was ultmately dismissed by the ORDER :contained in Annexure 1 affirming the ORDER :of the Chairman.