KRISHNA PRASAD SINGH Vs. THE STATE OF BIHAR AND OTHERS
HIGH COURT OF PATNA
STATE OF BIHAR
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(1.)The petitioner in this writ application has made a prayer for quashing an order dated 1-5-1979 issued by the Director (Primary Education), Bihar disapproving the appointment of the petitioner as an assistant teacher in Maharshi Patanjali Middle School, Jehanabad in the district of Gaya (hereinafter to be referred to as 'the school'). A copy of the said order is Annexure-1 to the writ application.
(2.)It appears that the petitioner was appointed an assistant teacher in the school on 1-7-1971 by the managing committee of the said school. He was confirmed on 15-3- 1972. He was an untrained Matric. The Bihar Non-Government Elementary Schools (Taking Over of Control) Act, 1976 (hereinafter to be referred to as 'the Act') came in force and in accordance with the provisions of the said Act different middle and primary schools, known as elementary schools, have been taken over by the State Government. The school in question was also taken over in accordance with the provisions of the said Act with effect from 30-3-1977. The petitioner continued to be an assistant teacher of the said school even thereafter. Ultimately on 1-5-1979, the impugned order was issued by the Directed (Primary Education), Bihar saying that as the petitioner was untrained matric and had been appointed after 1-1-1971, his appointment in the said school was not being recognised because it was against the State Government's scheme of the nationalisation of the schools. A copy of this order is Annexure-1 to the writ application.
(3.)According to the petitioner, he having been appointed by the managing committee to the school, which was the competent authority to appoint him, and later confirmed by the said Committee, the State Government has no authority to terminate his services or not to approve his appointment as such.
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