IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No. 3965 of 2009 SUBANSH PRASAD SINGH, SON OF LATE MAHABIR PRASAD SINGH, RESIDENT OF VILLAGE – KARAHDIH, POST OFFICER AND POLICE STATION – SILAO, DISTRICT – NALANDA ……………………. PETITIONER VERSUS 1. THE STATE OF BIHAR 2. THE DIRECTOR, SECONDARY EDUCATION, GOVERNMENT OF BIHAR, PATNA ……………. RESPONDENTS ----------- For the Petitioner : Mr. Tej Bahadur Singh, Sr. Adv. Mr. Brisketu Sharan Pandey, Adv. For the State: Mr. Anil Kumar, GP 11 ********** 03. 23.08.2011 Heard learned Counsel for the petitioner and the State. Petitioner’s prayer in this Writ Application is for quashing of part of the order, contained in Memo No. 682, dated 20.08.2008, passed by the Director, Secondary Education, Government of Bihar, whereby petitioner’s service as Headmaster has been recognized after 7 years from the date of take over of the School in question, in stead of the date of its’ take over. In pursuance to order, dated 25.07.2007, passed in C.W.J.C. No. 10743 of 2001, petitioner’s case was considered by the Director, Secondary Education for recognizing his service as founder Headmaster of High School, Nepura, Berauti, Nalanda. Petitioner’s grievance is that Respondent No. 2 2 has wrongly interpreted the decision of Supreme Court in A.K. Pradhan’s case, so far it relates to the petitioner. Facts of A.K. Pradhan’s case was different from the facts of the petitioner’s case, as such the decision of Apex Court that services of A.K. Pradhan as Headmaster be recognized with effect from seven years after the date of take over of the School, has no application in petitioner’s case. The Apex Court had recorded this finding in A.K. Pradhan Case, considering the fact that A.K. Pradhan did not have seven years teaching experience, on the date, the privately run School, in which he was working, was taken over by the State. Considering this fact the Supreme Court directed to recognize his service as Headmaster of the School with effect from the date he completed his seven years teaching experience. Since seven years after the take over of the School, A.K. Pradhan had requisite qualification for being recognized as Headmaster, the Apex Court had directed to recognize his service as founder Headmaster with effect from that date. In the case of the petitioner, he had more than ten years experience as Teacher on the date the School was taken over. The School in question was granted permanent permission for establishment by Bihar 3 Secondary Education Board by Memo No. 6287–90 dated 23.03.1979. The special Board constituted for the purpose of according permanent recognition to the School, sent its report, vide letter no. 210, dated 20.11.1981, along with the list of working teaching and non-teaching staffs, in which petitioner was shown as Headmaster of the School. The School was taken over with effect from 01.03.1982, vide notification no. 4612- 22. Petitioner’s case is that he was working as Headmaster of the School since 12.07.1980 and continued to function as Incharge Headmaster till the date of his retirement on 31.10.1999. It has also been stated that fact regarding petitioner’s teaching experience has also been approved in an earlier order passed by the High Court in C.W.J.C. No. 10743 of 2001. Since the petitioner had teaching experience of more than seven years on the date of take over of the School, there was no reason for this finding by the Respondent No. 2 that petitioner’s service as founder Headmaster will be recognized, seven years after the date of take over of the School. Petitioner had eligibility and requisite qualification for being appointed on the post of Headmaster on the date of the take over of the School, 4 his services as founder Headmaster should have been recognized with effect from the date, School was taken over i.e., on 01.03.1982. In the Counter Affidavit filed on behalf of State, it has been stated that the case of the petitioner was considered by the Director, Secondary Education in the light of the Order passed by the High Court as well as in the light of the Supreme Court’s decision in A. K. Pradhan’s case. Counsel, appearing for the State, has submitted that in the Apex Court’s judgment, it has been stated that the teaching experience of seven years from the date of take over of the School has to be considered for recognizing the service as founder Headmaster and accordingly it has been done by the Respondent No. 2. I find that the Director, Secondary Education, should also have considered the Full Bench decision on this point reported in 1986 PLJR 373 as well as the decision of Supreme Court reported in 1992 (2) SCC 411 before passing any order in the case of the petitioner, regarding recognizing his service, as founder Headmaster. The impugned order, dated 20.08.2008, contained in Memo No. 682, passed by the Respondent No. 2, is quashed. This matter is remitted back to the Director, Secondary Education for reconsideration and 5 passing necessary order. The order must be passed by Respondent No. 2 within eight weeks from the date of production / communication of this order. SKM (Mridula Mishra, J.)