SHIVRAJ CHHANGANI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE present writ petition has been filed against the order dated 14th February, 1979 (Annexure -6), whereby a direction has been given that the petitioner should be relieved from the post of Head Master, Sadul Pushkarna Uchhchya Madhyamik Vidyalaya, Bikaner (here in after referred as the School) and regular selection for the post of Head Master of this School be undertaken.

(2.) THE petitioner was appointed as Teacher in the Matric Grade on 1st July, 1968 and thereafter promoted on the post of Trained Graduate Grade on 1st July, 1968 and Senior Teacher on 1st July, 1969. On retirement of one Shri Mangalchand Acharya from the post of Head Master of the School, the petitioner came to be selected by the Management Committee for the post of Head Master in the said School on the basis of Seniority -cum -merit. Thereafter he came to be appointed as Head Master in pursuant of Resolution No. 9 dated 15th June, 1973 of the Management on a temporary basis for a period of three years by the order dated 20th July, 1973 (Annx. 1). The petitioner has further submitted that the approval of the Education Department was sought and the management has unanimously decided to continue the petitioner on this post. The petitioner further submits that soon after the selection of 1977 when the New Government came in the office, the respondent No. 5 moved the Government and as a result of which the order Annx. 3 has been passed. Thereafter some protracted correspondence transpired between the Management and the Government ultimately order dated 6th April, 1979 and 14th February, 1979 came to be issued with the dircetion that Shri Ranga should be given the charge of the post of Head Master on ad hoc basis and the absence of Shri Ranga should be regularized and lastly that the Management should comply with these two directions and then obtain necessary sanction for filling the post of Head master.

(3.) HOWEVER , it will be just and proper that a direction should be issued to the respondents to hold the selection within a period of two months from today and they should also determine the seniority of the petitioner and respondent No. 5 within this time.