INDRADEO JHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Learned counsel for the petitioner is challenging the order, passed by the Deputy Director of Education. Secondary Education, dated 1st July, 2004. which is at Annexure 14 to the memo of petition, whereby, the case of the petitioner for approval of his promotion to the post of Assistant Teacher has been rejected. The petitioner is also challenging the consequential order, passed by the District Education Officer, Dhanbad, dated 11th November, 2004, which is at Annexure 15 to the memo of petition, whereby, the order dated 1st July. 2004 has been communicated with a further direction to revert the petitioner back on the post of Clerk. Learned counsel for the petitioner has drawn the attention of this Court towards Annexure 14 and submitted that the promotion, which was given to the petitioner in the year, 1995, has now been decided by the impugned order at Annexure 14 as illegal, because there is no provision of promotion from the post of Clerk to the post of Teacher in the Minority Schools and this is the only ground for which the promotion was withdrawn and that too after several years.

(2.) Learned counsel for the petitioner has read the provisions of Bihar Non-Government Secondary School (Taking over Management & Control) Rules, 1983, enacted under Section 9 of the Bihar Non-Government Secondary School (Taking over Management & Control) Act, 1981. Even these provisions re permitting 5% of the posts of Teachers to be filled up by promotion from the posts of Clerk in the Minority Secondary Schools and, thus, there is a provision and, therefore, the reason, given in the impugned order is absolutely reflecting non-application of mind.

(3.) Learned counsel for the petitioner has also pointed out the counter affidavit, filed by the respondents, wherein also, they have admitted the fact that there are legal provisions for promotion to the post of Teacher from the post of Clerk in the Minority Secondary Schools, which are Government aided institutions. Thus, the reason given in Annexure 14 of the memo of petition is absolutely illegal and without application of mind.