CIVIL WRIT JURISDICTION CASE No.3555 OF 1997 In the matter of an application under Article 226 of the Constitution of India. GANESH PRASAD SAHU, Son of Shri Gonar Sahu, resident of village Gonha, P.S. Triveniganj, Via Pratapganj, District- Supoul, at present Assistant Teacher, Lalit Narayan Lakshmi Narayan Project Balika Uchcha Vidyalaya, Tribeniganj, District- Supoul. ---------- Petitioner. Versus 1. THE STATE OF BIHAR. 2. The Education Commissioner and Secretary, Department of Secondary, Primary and Adult Education, Vikash Bhawan, New Secretariat, Patna. 3. The Director, Secondary Education-cum-Special Secretary, Department of Secondary, Primary and Adult Education, Vikash Bhawan, New Secretariat, Patna. 4. The District Education Officer, Supoul at Saharsa. 5. Madan Prasad Gupta, son of name not known to the petitioner, presently posted as an Assistant Teacher, Lalit Narayan Lakshmi Narayan Project Balika Uchcha Vidyalaya, Tribeniganj, District- Supoul. ---------- Respondents. For The Petitioner : Mr. Manish Kumar, Advocate For The State : Mr. Nutan Sharma, J.C. to G.P. 15 For The Private Respondent : Mr. Bipin Bihari Singh, Advocate P R E S E N T THE HON'BLE JUSTICE SMT. SHEEMA ALI KHAN S.A. Khan, J. This writ application was filed challenging annexure-10 vide memo no. 229 dated 5.3.1997 passed by the Director-cum-Special Secretary, Secondary Education. By the impugned order, the services of four persons were recognized by the Director, Secondary Education and they were declared as Teachers of Lalit Narayan Lakshmi Narayan, Project Balika Uchcha Vidyalaya, Tribeniganj, Supoul 2 (hereinafter referred to as ‘the School’). On perusal of the order contained in annexure-10, it appears that one Alka Verma who was appointed on 10.4.1982 was adjusted in the subject of Literature. Annexure-10 was issued and at that stage only five posts were sanctioned in the Project School. The petitioner’s case was rejected on the ground that his date of appointment was 16.4.1982 and the date of appointment of one Madan Prasad Gupta was 20.5.1980 and as such it was held that Madan Prasad Gupta had a better claim than the petitioner. The petitioner is qualified to teach the subject of Humanity as well as English Literature. 2. Subsequent to the passing of the order contained in annexure-10, the appointment of Assistant Teachers in the Project School was challenged in this Court and subsequent to the issuance of annexure-10, several persons came to this Court with a complaint that the scheme of establishing Project Schools in each block were not being implemented according to the scheme. Several issues were raised in the writ application including the issue of the 3 sanctioned strength of teachers in each of the Project Schools. The matter travelled up to the Supreme Court and by a judgment reported in 2006 (1) P.L.J.R. 483 in the case of State of Bihar & Ors. Vs. Project Uchcha Vidyalaya Shikshak Sangh & Ors., the entire matter was remanded to the Government to look into the claims of the Schools in question as well as the claims of individual teachers. 3. In compliance of the order of the Supreme Court with respect to the present school, annexure-14 which is an extract of the project report and annexure-15 which is an order of the Director, Secondary Education recognizing and accepting the services of three persons was issued. These documents have been brought on record by the petitioner by filing I.A. No. 7093 of 2008. The petitioner challenges the appointment /adjustment /absorption of teachers namely Sri Kishore Prasad Gupta @ Sri Kishore Kumar Gupta, Smt. Punila Kumari and Sri Bhim Shankar Jha on the ground that they were appointed by the erstwhile Managing Committee at a later date than the petitioner and as such the petitioner 4 claims that he is entitled to be declared to be the teacher of the school in question. 4. Annexure-15 envisages that if any Assistant Teacher of the Project School is aggrieved by the orders passed by the Director, Secondary Education, the teacher may move by filing a representation and pointing out the anomaly before the Director, Secondary Education. 5. Learned counsel also points out that vide annexure-10 Smt. Alka Verma was adjusted against the subject of Literature whereas vide annexure-14 (an extract of Screening Committee of the Project School in question), Smt. Alka Verma has been shown to be a teacher of Humanity. 6. I accordingly direct that the Director, Secondary Education should consider the representation of the petitioner after giving notices to the affected parties which should be filed within a period of six weeks from today. The Director, Secondary Education should notice Sri Kishore Prasad Gupta @ Kishore Kumar Gupta, Smt. Punila Kumari and Sri Bhim Shankar Jha before passing any order on 5 the representation of the petitioner. 7. Learned counsel submits that in order to adjust Smt. Punila Kumari and Sri Bhim Shankar Jha, Smt. Punila Verma has been adjusted and declared as a teacher of Humanity. This aspect may also be considered by the Director, Secondary Education. The representation should be disposed of within a period of five months from the date of receipt/production of a copy of this order. The writ application is disposed of with the aforesaid observations and directions. Patna High Court, December, 5th, 2008 Sanjay/N.A.F.R. (Sheema Ali Khan, J.)