IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No. 5689 of 2009 DIGVIJAY DUBEY, S/O PARMANAND DUBEY, MOHALLA – PURBI MOHANBIGHA, BAYAPAR MANDAL ROAD, P.S. – DEHRI, P.O.-DALMIYANAGAR, DEHRI-ON-SONE, DISTRICT-ROHTAS ……………….. PETITIONER VERSUS 1. THE STATE OF BIHAR 2. THE DIRECTOR, SECONDARY EDUCATION, BIHAR, PATNA 3. THE CHAIRMAN, BIHAR SANSKRIT SHIKSHA BOARD, PATNA 4. THE SECRETARY, BIHAR SANSKRIT SHIKSHA BOARD, PATNA 5. THE DISTRICT EDUCATION OFFICER, ROHTAS 6. MANAGING COMMITTEE, BALKRISHNA SANSKRIT HIGH SCHOOL, BARDHI, AKHODHI BAZAR, DISTRICT – ROHTAS THROUGH ITS SECRETARY 7. SMT. SUSHILA PANDEY, W/O SANTOSH KUMAR PANDEY, R/O QUARTER NO. D/77, DALMIYA NAGAR, P.S.-DEHRI, DISTRICT – ROHTAS ………………. RESPONDENTS ----------- For the Petitioner: Mr. Rajendra Prasad Singh, Sr. Advocate Mr. Mukesh Kumar Singh, Advocate For the Board: Mr. Awadhesh Prasad Sinha, Advocate For Respondent No. 7: Mr. Yugal Kishore Prasad Sr. Advocate ********* 07. 23.08.2011 Heard learned Counsel for the petitioner and the State as well counsel appearing for Respondent No. 7. The present Writ Application has been filed for quashing of the order, contained in Memo No. 400, dated 16.04.2009, issued by the Chairman, Bihar Sanskrit Shiksha Board, approving the resolution of the Managing Committee of Balkrishna Sanskrit High School, Bardhi, Akhodhi Bazar, Rohtas, whereby Sushila Pandey, 2 Respondent No. 7, has been appointed as Headmistress of the School. Petitioner as well as Respondent No. 7, both are contesting for the post of Headmaster of the concerned School. Petitioner was initially appointed as Assistant Teacher on 13.04.2003. Respondent No. 7 was appointed as Assistant Teacher on 30.08.1987. Dispute with regard to appointment of the Headmaster in the concerned School started after the retirement of Headmaster, Chandradeep Pandey. All Teachers of the School were called for interview by the Managing Committee for the purpose of appointment on the post of Headmaster and Parmanand Dubey, one of the Teachers of the School was appointed as Headmaster. His appointment was also approved. However, Sushila Pandey, Respondent No. 7, filed Writ Application, challenging appointment of Parmanand Dubey. The Writ Court directed her to file representation before the Chairman, Bihar Sanskrit Shiksha Board and also before the Managing Committee of the School, Respondent No. 6. The Managing Committee rejected the claim of Respondent No. 7, but the Chairman, Bihar Sanskrit Shiksha Board directed Parmanand Dubey and the Chairman of the Managing Committee to appear before 3 it. The Chairman, Bihar Sanskrit Shiksha Board cancelled the appointment of Parmanand Dubey and Sushila Pandey, Respondent No. 7 was appointed in his place as Headmistress. One after another Writ Applications were filed bythe Respondent No. 7 and Parmanand Dubey. In C.W.J.C. No. 4025 of 2007 was filed by Parmanand Dubey, cancelling his appointment, the Writ Application was disposed off, whereby appointment order of Parmanand Dubey as well as Respondent No. 7 were quashed. The Managing Committee was directed to fill up the post of Headmaster of the School either through promotion on the basis of requisite qualification and seniority or by fresh appointment, advertising the post. So far petitioner is concerned, he was appointed as Incharge Headmaster of the School by the Managing Committee, during the pendency of the LPA No. 192 of 2008, which had been filed against the order passed in Writ Application. The L.P.A. No. 192 of 2008 was disposed of giving liberty to Respondent No. 7 to make representation before Bihar Sanskrit Shiksha Board. In the meantime, Managing Committee of the School directed the Respondent No. 7 to hand over the charge of the Headmaster to the petitioner, but it was never 4 handed over by Respondent No. 7. The Managing Committee, for showing disobedience to its various orders, by Respondent No. 7, put her under suspension. Finally, she was dismissed from service. However, Bihar Sanskrit Shiksha Board considering the representation filed by Respondent No. 7, directed to constitute an Adhoc Managing Committee for the School, consisting three members. This Managing Committee recalled the dismissal order of Respondent No. 7. The Chairman, Bihar Sanskrit Shiksha Board also passed an order giving approval to the appointment of Respondent No. 7. The Secretary, Bihar Sanskrit Shiksha Board issued impugned order no. 400, dated 16.04.2009, whereby Respondent No. 7 was recognized as Headmistress of the School with effect from 01.03.2008. On perusal of the Counter Affidavits, filed on behalf of Respondents, Bihar Sanskrit Shiksha Board as well as Respondent No. 7, it transpires that the petitioner had simply been made Incharge Headmaster of the School. It was just a stop-gap arrangement. Respondent No. 7 was appointed as Headmistress, considering her eligibility for the post. The minimum qualification for the post of Headmaster, fixed under Rule 11 of the Bihar State Non-Government Sanskrit 5 High School (Conditions of Service) Rules, 1976, is “Acharya” degree with high second class in one of the subjects, which is taught in the Sanskrit High School as well as 10 years’ teaching experience in any recognized School or High School. “Acharya” degree is equivalent to post-graduate degree. Respondent No. 7 possessed requisite qualification, but so far petitioner is concerned, he is only B.A. pass. In this view of the matter, a person who do not possesses requisite qualification, can not be appointed as Headmaster of the School. It has also been stated that the Managing Committee of the School had promoted Respondent No. 7 to the post of Headmistress in compliance of the direction of High Court, passed in C.W.J.C. No. 4025 of 2007, to fill up the post by promotion, considering qualification and seniority or by making fresh appointment, advertising the post. So far appointment of petitioner by the Managing Committee as Incharge Headmaster is concerned, it was in violation of the Rules as well as in violation of the order passed by the High Court. Counsel for the petitioner submits that the appointment of Respondent No. 7 as Headmistress of the School, had been made ignoring her dismissal. This is replied by Respondent No. 7 in her Counter Affidavit, 6 stating that the Bihar Sanskrit Shiksha Board had constituted an Adhoc Managing Committee and that Committee, considering the dismissal of Respondent No. 7, to be illegal, passed an order to set aside the dismissal order. Once the dismissal order was set aside, the Respondent No. 7 having requisite qualification and her seniority, was appointed as Headmistress of the School. On consideration of the submission made by the parties, I find that Respondent No. 7 was appointed as Headmistress of the School by the Managing Committee in the light of the direction of the High Court, considering her qualification, seniority and eligibility. So far petitioner is concerned, he is not eligible for the post as he lacks requisite qualification for the post. I do not find any illegality or infirmity in the impugned order passed by the Secretary, Bihar Sanskrit Shiksha Board, recognizing Respondent No. 7 as Headmistress of the School and issuing direction for making payment of salary to Respondent No. 7 with effect from 01.03.2008. This application is dismissed. SKM (Mridula Mishra, J.)