NIRBHAY KUMAR JHA Vs. THE STATE OF BIHAR, THE DIRECTOR, SECONDARY EDUCATION, PATNA, REGIONAL DEPUTY DIRECTOR OF EDUCATION, RANCHI AND DISTRICT EDUCATION OFFICER, RANCHI

JUDGEMENT

(1.) MANAGING Committee of Thakur Vishwa Nath Shahdeo High School, Jagannathpur, Dhurwa (Ranchi), in a meeting held on 25th December, 1969, had resolved to appoint the petitioner as the Headmaster of the School.

(2.) Petitioner was consequently appointed as founder Headmaster of the School. Petitioner was M.A. (Economics) at the time of his initial appointment. Thereafter, he acquired degree of B.Ed. too, on 5th February, 1976. Petitioner had been occupying the post of Headmaster of the School from 25.12.1969 till 02.10.1980, when the School was taken over by the Government. Petitioner has earlier filed a writ petition being C.W.J.C. No. 3653 of 1998(R), seeking direction to treat the petitioner as founder Headmaster of the Thakur Vishwa Nath Shahdeo High School, Jagannathpur, Dhurwa, Ranchi. The writ petition was disposed of vide order dated 08.02.1999, directing the authorities to take decision on the representation of the petitioner, seeking regularization, as founder Headmaster of the School. Pursuant to the decision dated 08.02.1999, petitioner had moved a representation, which was dismissed vide impugned order dated 11th February, 2000 by the Director, Secondary Education, Bihar (Annexure 11 to the writ petition). Feeling aggrieved, the petitioner has approached this Court by invoking Article 226 of the Constitution of India.

(3.) MRS . Sweta Singh, J.C. to G.P. -V, while reading the counter affidavit, has argued that since the petitioner was discharging the duties of In -Charge Headmaster of the School, therefore, he cannot be recognized as founder Headmaster of the School. However, she has fairly submitted that since the petitioner was appointed in the year 1969 and had been working in the School, without any break, till 02.10.1980, therefore, he should be deemed having continuous experience of teaching for about 11 years.