SHYAM SUNDER PRASAD SINGH Vs. PRESIDENT OF SECONDARY EDUCATION BIHAR, PATNA AND OTHERS

JUDGEMENT

(1.) In this writ application, the petitioner prays for quashing of Annexure-15 and also prays for a writ of mandamus directing the respondents not to interfere with the work of the petitioner as science teacher in the school.

(2.) The relevant facts may be compactly stated. There was a vacancy of science teacher in Gopalbad Parnawa High School. The Managing Committee after advertisement and interview recommended two names, bracketed the names of the petitioner and respondent No. 5 and recommended the same for appointment to Sub-divisional Education Officer, Barh (for the sake of brevity the Sub-divisional Education Officer will be mentioned as S.D.E.O.). The S.D.EO. Barh, approved the appointment of the petitioner and he was duly appointed. The petitioner joined on his post on 6-7-1964. The Managing Committee in its meeting held on 26-5-1966 confirmed the petitioner on the Post. It appears that respondent No. 5. made certain allegations before the S. D. E. O. Barh. The gist of the allegation was that the petitioner had given false and wrong dates regarding his teaching experience. This set the ball rolling, and without adverting to the intervening facts, it may be stated that on 20-10-1966 the District Education Officer, Patna (who will hereinafter be referred to as the D. E. O.) is said to have passed an order in which he said that since the petitioner had made wrong statement with regard to his teaching experience and that since approval to his appointment had been given on the basis of his teaching experience, the said approval should be cancelled. A copy of the letter of the D. E. O. Patna, addressed to the S.D.E.O., Barh, on the subject is Annexure-3 to the show cause filed on behalf of some of the respondents. It further appears that a letter dated 25-6-1968 was received by the Managing Committee of the School from the D. E. O., Patna, recommending the termination of the services of the petitioner. The Managing Committee in its meeting held on 6-12-1968 and on the basis of Communication aforesaid, terminated the service of the petitioner and appointed respondent No. 5 in his place. The petitioner preferred an appeal before the President of the Board of Secondary Education, Bihar (hereinafter referred to as the President). The President set aside the termination of the service of the petitioner by the Managing Committee and also gave certain other directions in the order. A copy of this is Annexure-14 to this writ application. I may state that there are certain other intervening facts between the resolution of the Managing Committee and the actual decision of the President, but it is not necessary to deal with them in this writ application. It appears that subsequently the President passed an order dated 27-5-1970 cancelling his previous order (Annexure-14) and holding that his previous order was without jurisdiction as no appeal could lie against the order of the Managing Committee in the circumstances of the case.

(3.) It has been urged on behalf of of the petitioner that Annexure-15 is in violation of principles of natural justice as the order has been passed without giving an opportunity to the petitioner to have his say in the matter. It has also been urged that the order passed in Annexure-15 is fit to be quashed on the ground that it suffers from an error of law apparent on the face of the record.