IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4755 of 2009 Manoj Jha, Son of Umashankar Jha, Resident of Village – Sadai Bigha, P.S. Birupur, District – Lakhisarai. ……………… Petitioner. Versus 1. The State Of Bihar. 2. The Director, Human & Resource Department, Bihar, Patna. 3. Director, Secondary Education, Budh Marg, Patna. 4. The Regional Deputy Director, Munger. 5. The District Magistrate, Lakhisarai. 6. The District Education Officer, Lakhisarai. 7. The Headmaster M.P.S. High School, Sadai Bigha, Lakhisarai. ……………. Respondents. ----------- 02/ 05.08.2011 Heard counsel for the petitioner and counsel appearing for the State. Petitioner’s prayer is for a direction to the respondent-authorities to regularize him on the post of Sanskrit teacher in M.P.S. High School, Sadai Bigha, as he is continuously teaching in the school, since 1996. In support of his contention regarding continuous teaching in the school since 1996, petitioner has annexed Annexure-2, i.e. an office order issued by the Headmaster of M.P.S. High School, Sadai Bigha. This shows that in the year 1995 on account of transfer of several teachers and termination of some of the teachers, suddenly there was scarcity of teacher in subjects like, Hindi, Sanskrit and Geography. The parents and guardians of the students unanimously decided that Manoj Jha (petitioner) should be engaged for teaching Sanskrit. So far payment of salary is concerned, 2 contribution from students will be taken for it. Annexure-2, itself is indicative of this fact that petitioner had never been appointed as per the Rules and Regulations. Subsequent to taking over of the management of the private school under Bihar Non-Government Secondary School (Management and Control) Act, 1981 the power to appoint teachers, is no more with the Managing Committee. Appointments have to be made as provided under the Rules and Regulations. Petitioner had simply been engaged in order to remove the day today difficulty in teaching the students of the school. Vacancy on the post of teachers in the school, could have been filled by making regular appointment. Headmaster of the school should have approached the State and its authorities for regular appointment against that post fill vacant due to transfer/termination of teachers in school. Counsel for the State submits that already regular appointment against the vacancy of Sanskrit teacher has been filled. I do not find any merit in this application, it is dismissed. DKS/ (Mridula Mishra, J.)