R.K.MERATHIA, J. - (1.) HEARD the parties finally. As both the cases are similar, they are being disposed of by this common order.
(2.) PETITIONER In both the cases claim that they should be declared as Headmaster after completion of 7 years from the date of take over of the school i.e. in the case of writ petltioner -Kuldip Mahto from 31.12.1988 and in the case of writ petitioner -Kali Charan Choudhary from 5.7.1990, In view of the Judgment of the Supreme Court reported in (1998)2SCC411 , A.K. Pradhan v. State of Bihar and Ors. Mr. Pan, appearing for the writ petitloner -Kuldip Mahto and Mr. Anwar, appearing for writ petitloner -Kall Charan Choudharyt submitted that petitioners had the requisite qualification i.e. M.A., B.Ed, prior to the taking over of their schools. They further submitted that petitioners are working as Incharge Headmaster since the date of recognition/take over of the schools. In case of Kuldip Mahto, Mr. Pan relied on the order dated 9.3.1999 passed In CWJC No. 6291 of 1985 (Annexure -1) in which direction was issued to recognize him as Headmaster of the school from the date of expiry of the period of 7 years from taking over the school In view of the judgment of A.K. Pradhan (supra). In the case of Kail Charan Choudhary, Mr. Anwar also relied on the order dated 21.7.1999 (Annexure -3) passed in CWJC No. 6192 of 1999, in which direction was issued to pass appropriate orders in accordance with law in consonance with the said Judgment of Apex Court i.e. A.K. Pradhan (supra) as well as the said order dated 9.3.1999 passed in CWJC No. 6291 of 1985. It was further submitted that one similarly situated person Puran Chand Mahto has been recognized as Headmaster pursuant to the judgment of A.K. Pradhan (supra) with all consequential benefits of Headmaster after relaxing the condition laid down in the circular dated 20.11.1981 in view of order of this Court.
(3.) IN view of the said orders passed by this Court, the order dated 27.5.2005 (Annexure -8) rejecting the claim of Kuldip Mahto and the order dated 1.4.2002 (Annexure -4), rejecting the claim of Kali Charan Choudhary have to be, and are set aside. Petitioners will produce a copy of this order before the Director, Secondary Education, Human Resources Development Department, Government of Jharkhand, Ranchi along with relevant documents and orders of the High Court and Supreme Court, who will pass a fresh order keeping in view the orders of the High Court and the Supreme Court, as early as possible and preferably within four weeks from the date of production of this order before him.;