YOGENDRA KHAN AND OTHERS Vs. THE STATE OF BIHAR AND OTHERS

JUDGEMENT

(1.) This writ application is for issuance of an appropriate writ to restrain the respondents from interfering with the services of the petitioners and for an appropriate direction commanding the respondents to include the petitioner's name in the list of teachers of the school and not to disturb them save and except in accordance with law. In this case interpretation of Sec. 4(2) of the Bihar Non -Government Secondary Schools (Taking over of management and control) Act (hereinafter to be referred to as the taking -over sic) falls for consideration. Before 1 enter into the legal question involved in this writ application, I would like to state brief facts. In a public meeting of the villagers of village Parai and Chainpur it was decided that in order to develop and encourage female education a Girls High School should be established. Whereupon on 1.1.1977 a Girls High School named as 'Balika Uchcha Vidyalaya, Parai Chainpuri' was founded. A managing committee of the school was also constituted to run the day to day administration of the school and three teachers were appointed by the managing committee for teaching the students. Petitioner no. 1 and Petitioner no. 2 were two such teacher, These teachers were Graduate and were examinees for the B.Ed. training course. After some time an advertisement was brought out for regular appointment of teachers. The petitioners also applied, and they Were interviewed. The Interview such Committee submitted its report recommending the name of the petitioners along with others for their appointment as Assistant teachers in the school. On 5.12.1977 petitioner nos. 1 and 2 were appointed vide resolution no. 9 of the Managing Committee dated 5.12.1977, a copy of which has been marked as Annexure -1 to this writ application. Petitioner nos. 3 and 4, who were also empanelled by the Interview Sub Committee, were appointed on 10.1.1978 by the Secretary of the Managing Committee which was subsequently approved by the resolution of the Managing Committee dated 20.1.1978, a copy of which has been annexed and marked as Annexure -2 to this writ application. Petitioner nos. 3 and 4 were also Graduate and they were, like petitioner nos. 1 and 2, examinees of the B Ed. training course. Petitioner no. 1, apart from being an Assistant teacher, was also Incharge Headmaster of the school. As regards the question of recommendation of the schools by the then Bihar Secondary Education Board, the District Inspectress of Schools made an enquiry on 7.7.1978 and she submitted her report to the Board and concurred in her recommendation for the establishment of the school, a copy of the report has been annexed and marked as Annexure -3 to this application. The report was forwarded to the Board and a copy of the report was sent to the Secretary of the school. In the said report the petitioners were shown as the teachers of the school. The report also noticed the qualifications, the dates of appointment of the petitioners and it further stated that the petitioners were examinees of the training course. There was subsequent inspection by the District Education Officer and the latter recommended for granting permission to establish the school, which is Annexure -4 to this writ petition. The permission for the establishment of the school was granted by the Board, which will be apparent from letter no. 24602 - - 6 dated 26.12.1979.

(2.) It is said while the petitioners were working regularly and smoothly a notification was issued on 3.6.1981 under the signature of the Director, Secondary Education -Cum -Special Secretary to the Government of Bihar, Department of Education according permanent recognition to the school as well as taking over of the Management and control of the school. The said notification however, did not include the names of the petitioners even though the names of other teachers and employees, whose services stood transferred were indicated. The notification does not give any reason as to why the petitioners' names were excluded from the list of the teachers.

(3.) The petitioners being aggrieved by this order, which is Annexure -5 to the writ petitions have moved this Court for the reliefs, already indicated above.