- (1.) The present writ petition has been preferred against the order, dated 20th August, 2001 (Annexure-2 to the memo of the present petition), passed by the Secretary, Human; Resources Development Department, State of Jharkhand, Ranchi whereby it has been directed by the respondents that the services of the present petitioners are to be terminated by the Management-School because they are appointed illegally as they were untrained, and secondly, for the reason that when they were appointed reappointed (upon getting the B.Ed. qualification) their names, were not included in the panel prepared by the District Education Establishment Committee. For these two, reasons, a direction was given to the Management-School to terminate the services of the present petitioners and the petitioners are challenging this order, present by the respondent-State authorities.
(2.) The issue raised in this writ petition to be adjudicated are as under:- Whether the respondent-State authorities has power, jurisdiction and authority, to give direction, by subordinate Legislation (i.e. by a Circular, dated 31st December, 1982, enacted under Section 8 of the Bihar Non-Government Elementary School (taking over of Control) Act, 1976 and that too making it effective from a retrospective date i.e. from 1st January; 1971) to the Management, (which is alleged to be a minority school), to terminate the services of teachers, on the ground that when these Teachers were appointed in the year 1978-1979, they were not trained Teachers as well as they were appointed against in sanctioned post as well as for the reason that their names were not reflected in the list of candidates prepared by the District Education, Establishment Committee.
(3.) Factual Matrix: Petitioner No. 1 was appointed as a teacher on 11th February 1979 in Kabiria Urdu Middle School, Zakir Nagar, Mango, Jamshedpur which was granted recognition by the Government in the year 1968-69, which was extended from time to time and thereafter, it was granted permanent recognition in the year 1972. When the petitioner No. 1 was appointed in the year 1979, he was a graduate in Arts faculty and he cleared or passed Teachers' Training Examination (B.Ed.) in the year 1982. The services of the petitioner No. 1 was approved by the Government in the year 1983 in Matriculation Trained Scale as he has acquired B.Ed. Degree in the year 1982 and in the year 1989 services of the petitioner No. 1 was approved in I.A. Trained scale. Petitioner No. 2 was appointed as a teacher in the aforesaid school on 1st March, 1979 and he cleared his teachers training examination (B.Ed.) In the year 1988 and the services of petitioner No. 2 was approved with effect from 1st April, 1989. Petitioner No. 3 was appointed as a teacher with effect from 8th November, 1979 in the aforesaid school and he has cleared his Teachers Training examination (B.Ed.) in the year 1987 and he was approved in the services in the Intermediate Arts Trained Scale with effect from 1st April, 1989. Petitioner No. 4 was appointed on 1st August, 1990 and from the very beginning petitioner No. 4 is a Graduate and has cleared her Teachers' Training Examination (B.Ed.) and therefore, her service were also approved by the competent authority with effect from the very same date, i.e., from the date of her appointment, i.e. with effect from 1st August, 1990. All these four teachers have served in the aforesaid school honestly, diligently, sincerely and to the satisfaction of the respondents and neither any notice have been given to them for their work being unsatisfactory nor regarding any other misconduct. Petitioners were also paid salary by the Government up to December, 1996 because the school in which they were serving was a minority aided school. Thereafter, the government stopped paying the salary and hence a writ petition, being C.W.J.C. No. 551 of 2001 was preferred by the present petitioners before this Court for getting salary from January, 1997 onwards. This writ petition was decided by this Court, vide order dated 8th February, 2001, in which the Secretary, Education Department. Govt. of Jharkhand was directed to decide the claim of the petitioners in accordance with law and to pass a speaking order. The said order is at annexure 1 to the memo of the petition. In pursuance or the aforesaid direction, the order, dated 20th August, 2001, was passed by the Secretary, Education Department, Government of Jharknand, whereby a direction was given by the Government to the Management of the Kabiria Urdu Middle School to terminate the services of the petitioners. Thus, the petitioners, who preferred the petition to get the salary, got a direction from respondent No. 2 for termination of their services and hence, the order, dated 20th August, 2001, is under challenge by way of this writ petition.;