- (1.) Since the issues involved in both the writ applications are the same, they have been heard together and are being disposed of by this common order. Heard counsel for the parties.
(2.) Petitioners in both the writ applications were initially appointed as Assistant Teachers in the schools which earlier being private schools, used to be managed by the Managing Committee of the Schools. According to the case of the petitioners, they being the senior most teachers, were entrusted with the duties of office of Headmaster and they have been discharging the duties as in-charge, Headmasters of their respective schools. The Bihar Non-Government Secondary Schools (Taking over of Management and Control) Act, 1981 came into force where-after, all the private schools were taken over by the Government of Bihar. Under the provisions of the Act, the teachers who were employed in the taken over schools, were accepted and recognized as Government teachers. However, the provisions of the Act did not provide for automatic absorption of the teachers on the post of Headmasters. A stipulation was incorporated in the Act under which where the Headmaster of any such school had completed more than seven years of service, he becomes eligible for consideration for regularization with effect from the date he complete seven years of service reckoned from the date on which the institution was taken over by the State Government.
(3.) Contention of the petitioners in both the writ applications is that much prior to the date of taking over of the schools, they have been discharging the functions as in-charge Headmasters of their respective schools even till date and they have completed more than seven years of service long prior to the date of filing of these writ applications and do possess requisite qualifications including academic qualification for their appointment/ regularization on the post of Headmasters. Being convinced that they have acquired eligibility, the petitioners had submitted their respective representations before the authorities concerned, praying for their regularization on the post of Headmasters in the schools and to pay them the salary on the qualifying scale of the post of Headmaster, but their prayers have not been considered.;