IN THE HIGH COURT OF JUDICATURE AT PATNA LETTERS PATENT APPEAL No.1104 of 2010 IN CIVIL WRIT JURISDICTION CASE No. 14701 of 2009 WITH INTERLOCUTORY APPLICATION No. 6088 of 2010 WITH INTERLOCUTORY APPLICATION No. 6089 of 2010 IN LETTERS PATENT APPEAL No.1104 of 2010 ==================================================== 1. The State of Bihar 2. The Principal Secretary, Human Resources Development Department, Govt. of Bihar, Patna 3. The Director, Secondary Education, Govt. of Bihar, Patna 4. The Regional Deputy Director of Education, Magadh Division, Gaya 5. The District Education Officer, Aurangabad. …. …. Respondents-Appellants Versus Kanchan Bala Singh W/O Sri Anil Singh R/O Vill.- Goh, P.S. Goh, Distt.- Aurangabad. …. …. Petitioner-Respondent ==================================================== Appearance : For the Appellant : Mr. Satya Prakash Tripathy, S.C.-7 with Mr. Suresh Kumar, A.C. to S.C.-7 For the Respondent: Mr. Rajendra Prasad Singh, Senior Advocate with Mr. Rajeev Kumar Singh, Advocate ==================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 6. 20.9.2010. Interlocutory Application No. 6089 of 2010:- This application under Section 5 of the Limitation Act has been filed by the appellant-State of Bihar for condonation of delay of 112 days occurred in filing the Letters Patent Appeal. On the facts and in the circumstances of the case, the delay in filing the Letters Patent Appeal is condoned. The Interlocutory Application stands - 2 - disposed of. Letters Patent Appeal No. 1104 of 2010:- This appeal preferred under Clause 10 of the Letters Patent arises from the judgment and order dated 10th February 2010 made by the learned single Judge in above C.W.J.C. No. 14701 of 2009. The matter at issue is the appointment of the respondent-writ petitioner as Headmistress in Saraswati Project Girls High School, Goh, Aurangabad. According to the writ petitioner though on the date of her appointment as Headmistress on 28th December 1987 she did not possess the requisite experience of seven years, she should be regularized as Headmistress from the date she completed the requisite seven years’ experience. The learned single Judge has, relying upon the judgment of the Hon’ble Supreme Court in the matter of A.K.Pradhan v. State of Bihar [1988(2) PLJR 2 (S.C.)], accepted the prayer of the writ petitioner. The learned single Judge has issued direction to the Director, Human Resources Development Department to consider the case of the petitioner for regularization to the post of Headmistress with effect from the date on which she completed seven years of service in Saraswati Project Girls High School, Goh, Aurangabad. Feeling aggrieved the State has preferred the present appeal. Reliance is placed on Rules of 1999, the Government circulars dated 20th November 1981, dated 22nd January 1982 and dated 4th February 1989. We are of the opinion that as the learned single Judge has referred the matter to the Director, Human Resources Development Department, we may not interfere in the matter at this stage. We are, however, - 3 - at pains to note that before the learned single Judge the State Government and its authorities did not take trouble to file counter affidavit to bring the essential facts on the record such as the date of taking over of the said Saraswati Project Girls High School, the date and method of appointment of the writ petitioner in the said High School. We, therefore, observe that while considering the question of regularization of the writ petitioner as Headmistress, the Director, Human Resources Development Department will take into consideration the statutory provisions under the Bihar Non-Government Secondary School (Taking Over of Management and Control) Act, 1981 and the Rules framed thereunder and the Circulars issued from time to time. The State Government will also take into consideration the judgment of Division Bench of this Court in the matter of Dhrub Lochan Pradhan v. State of Bihar (L.P.A. No. 1527 of 1999) [2001 (2) PLJR 345]. The impugned order of the learned single Judge stands modified to the above extent. The aforesaid exercise shall be completed as early as possible but not later than 31st December 2010. Subject to the above direction the Letters Patent Appeal and the interlocutory application stand disposed of. The Registry will issue the writ forthwith. Pawan/- (R.M. Doshit, CJ) (Jyoti Saran, J)