Sushil Harkauli, J. - (1.) THE Annexure -B to the counter affidavit of Respondent No. 2 is a set of service rules framed under Proviso of 309 of the Constitution of India which is dated 08.07.1993 when the State of Bihar and Jharkhand were united. No order of the Government or of the Director of Education can override these Rules which will apply in the State of Jharkhand under the Re -organisation Act.
(2.) IN the circumstances, prima facie the appointment of the teacher of Basanti Kongari to the post of principal was not permissible, as she was not eligible for that post. Finding her ineligible, she has been reverted back to her basic post of teacher in the college. Consequently, the Petitioner, who was appointed in the vacancy caused on the post of teacher due to the promotion of Smt. Basanti Kongari to the post of principal, has been ordered to be removed.
(3.) THE counter affidavit of the Committee of Management of the college has informed that in the mean time another vacancy has arisen because of retirement of another teacher namely Saloni Soy.;