IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13834 of 2007 Mojibul Haque, son of late Lal Mohammad, resident of Kutub Chapra, P.O. Bakarganji, Gopalpur, P.S. Hussainiganj, Dist. Siwan. ------- Petitioner Versus 1. The State of Bihar. 2. The Director, Secondary Education, Secondary Education Building, Budh Marg, Patna. 3. The District Education Officer, Siwan. 4. The Staff Selection Commission, Bihar, Patna through its Secretary. 5. The Secretary, Staff Selection Commission, Gvot. of Bihar, Patna. ---------- Respondents ----------- 3 21.11.2011 No one appears on behalf of the petitioner. Counsel for the State and Staff Selection Commission are present. In this writ application, the petitioner has assailed the order of the Bihar Staff Selection Commission dated 11.1.2007, whereby and whereunder, the required approval under Section 18 of the Bihar Non-Government Secondary Schools (Taking Over of Management and Control) Act, 1981 (hereinafter to be referred to as ‘the Act’), has been rejected on two grounds, namely, that the petitioner did not possess the qualification of Bachelor in Education (B.Ed.) and that his appointment in the Daud Memorial Urdu Girls High School, Siwan, a minority school, was made even without publication of advertisement in the 2 newspaper. From the documents annexed with the writ application, it appears that the petitioner was appointed by way of Stop Gap Arrangement in the aforesaid minority school on 15.9.1979 and his such Stop Gap Arrangement was ultimately regularized by the Managing Committee of the minority school on 16.6.1981. In view of the fact that the petitioner’s appointment was made in the year 1979, this Court would not find the necessity of issuance of advertisement in the newspaper as a condition precedent for appointment of Teacher in a minority school, inasmuch as, it was only after 2.10.1980 that such schools came under the control of the Government in terms of Section 18 initially brought by an ordinance and later on by way of an Act in the year 1981. One thing, however, is very clear that any appointment in a minority school, in order to become valid and legal for the purpose of getting payment of salary, was always to be made in respect of a person who had possessed the requisite qualification. The appointment of a teacher in a nationalized high school at all point of time 3 had required the qualification of being a trained hand i.e. possessing the qualification of Bachelor in Education (B.Ed.). Admittedly, the petitioner was not possessing the qualification of B.Ed. either at the time of his appointment or even thereafter. The only plea taken by the petitioner in the writ application for oriental subject like Urdu and Persian the Government had relaxed the requirement of training qualification and/or made it optional in absence of any documentary evidence can be accepted. Thus, considering the fact that the petitioner had continued in service with the benefit of payment of salary for a long period in view of the provisional order of the District Education Officer, Siwan dated 13.7.1993, this Court would only give one more additional opportunity to the petitioner to approach the Director, Secondary Education by filing a representation enclosing documentary evidence showing that for a teacher of Urdu/ Persian in a nationalised high school there was/is no requirement of being a trained hand as per the qualification prescribed in the Seva Shart Niyamavali, the 4 Director, Secondary Education, in view of his now being vested with power under Section 18 of the Act, will take his independent decision as with regard to approval of service of the petitioner without being in any way influenced/prejudiced by the impugned order passed by the Staff Selection Commission. Such exercise, however, must be concluded by the Director, Secondary Education within a period of six months from the date of receipt/production of filing of representation by the petitioner along with a copy of this order. With the aforementioned observations and direction, this application is disposed of. Rsh (Mihir Kumar Jha, J.)