IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4820 of 1995 SHIV SHANKAR CH0UDHARY Versus THE STATE OF BIHAR & ORS ----------- For the petitioner : Mr. Rajendra Prasad Singh, Senior Advocate and Mr. Rajeev Kumar Singh, Advocate. For the Respondents: Nutan Sharma, J.C. to G.P. 15. ----------- 4. 5.9.2008. The petitioner was undoubtly working in Sri Budhan High School, Nokha, Rohtas(hereinafter referred to as ‘the School’) The name of the other Teachers as well as this petitioner had been included in the list prepared at the time of recognition of the School vide at annexure-6. However, when the final list was prepared, the petitioner’s name alongwith Harihar Choudhary and Ram Pravesh Singh was not included amongst those when services of other teachers were taken over. The name of the petitioner and the two others was in a separate list because they did not have the required teachers training. Ultimately, a letter was issued to the petitioner stating therein that the petitioner’s services have not been taken over by the State of Bihar in the Education Department as the petitioner is not a trained teacher and also because of the fact that the petitioner was working beyond the sanctioned strength recognized by the government. Learned counsel for the petitioner raises two contentions. It is firstly, submitted that as per Section 4(2) of the Bihar Non-Government Elementary School (Taking Over Of Management and Control) Act,1976 the petitioner is entitled to be recognized as an Assistant Teacher. It is further submitted that every teachers holding - 2 - any post in a School which has been taken over by the State Government, shall be deemed to have been transferred and become a teacher of the State Government and shall hold office as a teacher under the said Act. It is submitted, that there are several decisions which support the contention that even those teachers who did not have the required training would be deemed to have joined the services of the State Government as an Assistant Teacher. One such decision is in the case of Maya Raman V. The State of Bihar and others reported in A. I.R.1984 (Patna) 99 wherein this Court upheld the appointment of Maya Raman although she was an untrained teacher on the date of take over of the School. Similar decision is reported in the case of Smt. Pratibha Singh and another v. The State of Bihar & others reported in 1988 P. L. J. R. 646. In this case apart from the teachers who were working on the sanctioned strength, there were10 other teachers working against unsanctioned posts. The question arose as to whether the services of such teachers would be deemed to be transferred to the State Government by virtue of Section 4(2) of the Act aforesaid. This Court held that the School in question, that is, Middle School, Dewarika Kothi, Anchal Paru in the district of Muzaffarpur, the teachers- students ratio was such that justified the take over the services of 10 teachers who were working on unsanctioned post. Unfortunately as far as this School is concerned, there are no pleadings to support the aforesaid proposition that the Students- teachers ratio is such which would warrant the appointment of the - 3 - teachers beyond the sanctioned strength. Learned counsel next submitted that two other teachers working in the same school referred by me above, that is, Sri Harihar Choudhary and Sri Ram Pravesh Singh who were also working beyond the sanctioned strength have been recognized as Assistant Teachers and their services have been taken over by the State Government. It is submitted that the petitioner should be treated with parity with the aforesaid two teachers. A counter-affidavit in this case has been filed. Paragraph no.6 of the counter affidavit reveals that Harihar Choudhary was appointed on 17.1.1973, Ram Pravesh Singh was appointed on 2.1.1976 whereas this petitioner was appointed on 1.10.1976. It appears that the services of the trained teachers were taken-up and these three persons were left out from the list of the teachers whose services were approved. No comment has been forthwith coming on behalf of the State with respect to the submissions made on behalf of the petitioner regarding Harihar Choudhary and Ram Pravesh Singh. Unfortunately there is no material before the court to decide as to what was the circumstances and conditions under which the services of the two aforesaid persons was taken over by the State Government. I may make it clear that the fact that the petitioner was untrained at the time of take over of the School, will not stand in his way so far as recognization of the services are concerned. The question whether the petitioner was working beyond the sanctioned - 4 - strength of the School as recognized by the State Government would depend on the School. The respondent no.2 may consider teachers- students ratio in the School and consider the case of the petitioner keeping in mind that the services of other similarly situated persons were recognized and taken over by the State Government. These facts can only be adjudicated by the Director, Secondary Education, Government of Bihar, Patna. The petitioner may approach the Director, Secondary Education, who may call for the records of the School to see whether the petitioner can be absorbed and recognized on the basis of the students- teachers ratio and also examine the circumstances under which two other Assistant Teachers of the same School were subsequently treated to be teachers of the taken over school although they were also working beyond the sanctioned strength. If any such representation is filed by the petitioner, the Director, Secondary Education, Bihar, Patna, is directed to dispose of the same within a period of six months on the date of its receipt. This application is disposed of with the aforesaid observations. U.K. (Sheema Ali Khan,J)