D.G.R. Patnaik, J. - (1.) Heard the learned counsel for the parties.
(2.) The grievance of the petitioners, in this case, is that despite the fact that they are possessing requisite qualifications and have been working as acting Principals of the various Nationalised High Schools of the State, they have not been regularised as Principals of the concerned Schools. The petitioners are aggrieved on account of the fact that by wrongly applying a recently introduced Rules in the Jharkhand Nationalised secondary school service conditions rules retrospectively, the Respondents-authorities have illegally deprived the petitioners of their claim of being promoted to the post of Principals of the said Schools, where they have been working since long functioning as acting Principals.
(3.) The case of the petitioners is that they possess Post-Graduate degrees as also the Basic Training or Diploma-in-Teaching or Diploma-in-aid and Certificate of Basic Teachers Training, issued by the Government Training Colleges. Since after the enactment of the Bihar non-Governmental secondary school (administration & taking over control) Act, 1981, the control and management of the respective Schools, where the petitioners are employed, have been taken over by the State Government. After taking over of the control and management of the Schools, the State Government had also formulated certain Rules under Section 9 of the Bihar non-Governmental secondary school (administration & taking over control) Act, 1981 and have laid down the Educational qualifications as also the other relevant eligibility criteria for promotion to the post of Headmaster of the School. Upon adopting the Rules, a Gradation list was prepared consisting of the names of all such Teachers who did possess requisite eligibility criteria and a large number of teachers were absorbed by way of promotion on the post of Headmasters of the various Schools. Subsequently, upon the bifurcation of the erstwhile State of Bihar, it fell upon the State of Jharkhand in the concerned Department to prepare a fresh Gradation List and to undertake the process for granting promotions to the deserving and eligible candidates for their promotion to the post of Headmasters.;