AMARESHWAR SAHAY, J. - (1.) HEARD the parties.
(2.) IN the present writ petition, the petitioner has challenged the order as contained in Annexure -15 dated 09/12/1996, passed by the Director, Secondary Education, Bihar by which, the representation filed by the Respondent No. 5 - Smt. Shyamali Chatterjee has been allowed and she has been declared senior to the present Writ Petitioner - Deonarayan Prasad Sinha after holding that the Managing Committee of the School wrongly, by ignoring the rules and regulations, granted the selection grade to Deonarayan Prasad Sinha, which he was not entitled to since he obtained teachers' training on 01.08.1981 and, therefore, he became entitled to those benefits only after he obtained the Teachers' Training i.e. from 01.08.1981 whereas, Smt. Shyamali Chatterjee was already a Trained Graduate at the time of her appointment i.e. on 11.04.1978 and, therefore, she is senior to Deonarayan Prasad Sinha. The Director, by the said order, asked the Managing Committee to fix the seniority of the respondent No. 5 over the petitioner and, thereafter, to give consequential benefits to the respondent No. 5 and further directed that the payment made to the petitioner in excess by virtue of giving wrong pay scale, should be recovered from him. From the pleadings of the parties, the following facts emerges which are not in dispute. Carmel High School (hereinafter called as the said School), Bokaro Thermal in the District of Bokaro is a recognized religious Christian minority School and it was recognized as a religious minority by the State Government on 11.04.1978. Prior to that, permission to establish the said School was granted by the State Government on 25.08.1976 and on 19.05.1977, the School was given recognition w.e.f. 01.01.1977. This Writ Petition Deonarayan Prasad Sinha was appointed as an Assistant Teacher on 23.06.1975 by the Managing Committee of the School and at that time, he was only a Graduate without any degree of Teacher's Training whereas, the respondent No. 5 - Smt. Shyamali Chatterjee was appointed as an Assistant Teacher in the said School on 17.01.1977 and at the time of her appointment, she was B.Sc., B.Ed., meaning thereby, she was holding the teachers' training degree at the time of her appointment itself. The writ petitioner subsequently in May, 1977, enhanced his educational qualification by obtaining M.A. Degree. On 25.01.1978, the petitioner was sent for teachers' training and the result of the teachers' training was declared on 01.08.1981 in which, the petitioner was declared to have passed the said teachers' training examination.
(3.) THE Managing Committee of the School gave the selection grade to the writ petitioner after he obtained the teachers' training. With effect from 02.10.1981, he was given Junior Selection Grade and w.e.f. 02.10.1984, he was given Senior Selection Grade.;