IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4261 of 2006 AWADH BIHARI PANDEY, S/O LATE JAGDISH PANDEY, R/O VILLAGE-NAUDIHA, P.S. IMAMGANJ, DIST. GAYA, AT PRESENT POSTED AS ASSISTANT TEACHER IN T. MODEL HALF TIME INDUSTRIAL MIDDLE SCHOOL, GAYA. …………………PETITIONER. Versus 1.THE STATE OF BIHAR. 2.THE DIRECTOR PRIMARY EDUCATION, BIHAR, PATNA. 3.THE REGIONAL DEPUTY DIRECTOR OF EDUCATION, GAYA. 4.DISTRICT EDUCATION OFFICER, GAYA. 5.DISTRICT SUPERINTENDENT OF EDUCATION, GAYA. 6.HEAD MASTER T. MODEL HALF TIME INDUSTRIAL MIDDLE SCHOOL, GAYA. 7.SECRETARY, T. MODEL HALF TIME INDUSTRIAL MIDDLE SCHOOL, GAYA. …………………RESPONDENTS. ----------- 06/ 20.06.2011 Heard counsel for the parties. In this writ application the prayer of the petitioner reads as follows:- “That this is an application for issuance of an appropriate writ, order of direction directing the respondents to make regular salary to the petitioner as the Assistant Teacher in T. Model Half Time Industrial Middle School, Gaya as the petitioner is working in the aforesaid school on sanctioned post since about 24 years and getting salary only Rs. 800/- per month and other consequently relief for which the petitioner is entitled for”. From perusal of this writ application it would appear that the petitioner was appointed in private school namely T. Model Half Time Industrial Middle 2 School, Gaya which was receiving certain aid from the funds of the State Government exclusively for the purposes of payment of salary to such of the teachers whose services were approved by the competent authority of the State Government. In fact, when the appointment of the petitioner was made on 07.11.1982 in the aforementioned private school, his approval of service which could have enabled him to draw payment of salary from the funds released by the Government by way of aid was itself hedged/circumscribed by a specific condition that the petitioner must complete the course of teacher training. It is not in doubt that the petitioner was not a trained hand either at the time of appointment or even till date and in fact his three writ petitions i.e. C.W.J.C. No. 1357 of 1989, C.W.J.C. No.7178 of 1990 and last one being C.W.J.C. No.5328 of 1998, all relating to recognizing/regularizing his services for the purpose of payment of salary from the fund of the State Government did not bear any fruitful result. As a matter of fact in the last writ petition, C.W.J.C. No. 3 5328 of 1998, this court having considered each and every aspect had held as follows:- “I am afraid that the aforesaid judgment cannot be of any avail to the petitioner inasmuch as in the present case, service of the petitioner is not going to be terminated rather he has been appointed without possessing the minimum requisite qualification by the management committee of the said school. He was and is being paid his salary from the school’s fund. The school in question being a Government aid school, petitioner wants his service to be regularized so that he can be paid from the Government exchequer. As would transpire from the report of Respondent no. 2, Director of Education (Primary) inspite of opportunity being provided to the petitioner he has not improved his qualification so that he should have minimum qualification of a trained to qualify for appointment as an Assistant Teacher. Petitioner could not take benefit of the opportunity given to him and till today he remains an untrained teachers. The report of the Director of Education (Primary) also shows that he has not been appointed within the sanctioned strength, if the strength of teachers including the Headmaster in the aforesaid school is 1+7 ad at the time of appointment if the petitioner was on the 9th post he was not within the sanctioned strength, prior permission of the State Government has also not been taken regarding his appointment. Taking all these facts into consideration this court is of the view that no direction can be issued for regularization of service of the petitioner. AS the petitioner was not being removed from service, as such, to my mind, petitioner should try to improve his qualification so that least he possesses the minimum qualification for appointment as a Teacher. At present, as even, the date of 4 appointment of petitioner is not confirmed, he being not on a sanctioned post, and not possessing the minimum qualification being an untrained teacher, to my mind, no direction can be issued by this Court for regularization of his service. This writ application fails and is accordingly dismissed.” It thus becomes clear from the aforementioned extracted passage of an interparty judgment that this Court had found no merit in the claim of the petitioner on three earlier occasions and the last writ application in fact also came to be dismissed. Such inter party order having already become final, this Court would not once again go into the issue of either the petitioner continuing in service as an untrained teacher or being entitled for payment of his salary from the funds of State Government. The Government resolution contained in letter no. 1915 dated 31.07.1969 in fact leaves nothing for speculation that for earning payment of salary by a teacher of private school receiving grant in aid from the State Government, he must be possessing the requisite qualification of being a trained hand. Admittedly, the petitioner had 5 never fulfilled the aforesaid requirement and as such he cannot claim payment of salary from the fund of the State Government on the basis of conditional order of approval of his service, wherein, he was also required to complete his teacher training course. That being so, this Court would not find any merit in this application and the same is accordingly dismissed. Ranjan (Mihir Kumar Jha, J.)