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Smt. Shashi Bala Verma Vs The State of Bihar and others

Case No: Civil Writ Jurisdiction Case No. 7955 of 1992

Date of Decision: Sept. 30, 1992

Acts Referred: Bihar Nationalised Secondary Schools (Conditions of Service) Rules, 1983 — Rule 20(2)#Constitution of India, 1950 — Article 226, 227

Citation: (1993) 1 PLJR 454

Hon'ble Judges: S.B. Sinha, J; G.C. Bharuka, J

Bench: Division Bench

Advocate: Dilip Kumar Tiwari, for the Appellant; A.K. Singh, for the Respondent

Final Decision: Dismissed

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Judgement

S.B. Sinha & G.C. Bharuka, JJ.@mdashThe present writ application has been filed by the petitioner for issuance of a writ of mandamus directing

the respondents to consider the case of the petitioner for her appointment to the post of Headmistress of Gutilal Girls High School, Ram Nagar, in

the district of West Champaran and after according her the desired promotion, grant all consequential reliefs. The relevent facts may be stated in

brief. According to the petitioner she has been appointed as Assistant Teacher in the aforesaid schools on 1.4.1978. According to her, the post of

Headmistress is lying vacant in the said school since 1978, with effect from 2.10.1980 the school has been taken over under the provisions of the

Bihar Non-Government Elementary School (Taking Over of Management and Control) Act (hereinafter in short ''the Act'').

2. It is also the case of the petitioner that in 1978 one Smt. Ram Pyari Devi was working as Acting Headmistress but since she got an appointment

in the Project School at Bagaha, therefore, she left the school in question. After her the petitioner being the senior most teacher started working as

an Acting Headmistress. It appears that pursuant to an order dated 6.8.1991 passed by the respondent Director one Shri Daroga Choubey was

posted as Headmaster in the school. The petitioner being agrieved by the said posting filed a writ application in this Court being C.W.J.C. No.

5594 of 1921 seeking two reliefs, namely, (i) quashing of the order of posting of the said Shri Daroga Choubey and (ii) a direction for her

promotion to the post of Headmistress. The said writ application was disposed of on 1.10.1991. In the said writ application, it was directed that in

view of various Government instructions, male teachers can not be posted in Girl Schools and, as such, the respondent Director was directed to

pass appropriate orders regarding posting of said Shri Daroga Choubey. The petitioner was also allowed to file a representation in this regard.

Accordingly, the said Shri Daroga Choubey was transferred to another school and the petitioner again started functioning as the Incharge

Headmistress.

3. It may be relevant to state here that in the earlier writ application, referred to above, no relief was granted to the petitioner, since as it appears

from the order itself (Annexure-2) the petitioner confined her prayer in respect of relief no. 1 and thereby did not press the second relief regarding

her promotion.

4. In the present writ application, the petitioner has again sought to seek the same relief which she had abandoned in the earlier writ application. In

this view of the matter, we are not inclined to allow the petitioner to raise the same issue once again in exercise of our jurisdiction under Articles

226 and 227 of the Constitution of India. But keeping in view the facts and circumstances of this case, we would like to dispose of the writ

application on merits as well.

5. The submission made on behalf of the petitioner is that since the post of Headmistress of the school is lying vacant since 1978 i.e. prior to

2.10.1980, therefore, the petitioner, who is working as In-charge Headmisterss in the school being the senior most female teacher, is entitled to be

promoted on the post of Headmistress by treating the school as a unit in view of the Government order contained in Letter no. 210 dated

20.11.1981 read with Notification No. 538 dated 6th July, 1983 issued under Rule 20 (2) of the Bihar Nationalised Secondary School

(Conditions of service) Rules, 1983, which have been framed under the provisions of the Act.

6. We have dealt with in detail with regard to filling up of the post of Headmasters which had fallen vacant prior to 2.10.1980, the date of

nationalisation of school, in the case of Jagdish Pandit vs. State of Bihar (C.W.J.C No. 1876 of 1990) and have held that the aforesaid

Government orders will govern all such claims. What is relevant for the present case is that even in cases where the post of Headmasters had fallen

vacant prior to 2.10.1980 the teacher claiming the right of consideration for promotion to the said post should have the prescribed eligibility on

21.10.1980. One of the eligibility clauses referred to in paragraph 2 of the letter dated 20.11.1981 is that such teacher should have minimum 10

years teaching experience in the school but in case of Tribes, Harijans and Women candidates they should have at least 7 years teaching

experience. In the present case as per her own showing the petitioner has been appointed in the school on 1.4.1978 and therefore on 2.10.1980

she was not eligible for being appointed as Headmistress even in view of the aforesaid Government orders. Therefore, the prayer as made by the

petitioner is not tenable. The writ application is accordingly dismissed. There will be no order as to costs.