IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14025 of 2010 1. SMT.ANITA BANKA D/O SRI JAMES BANKA AT PRESENT WORKING AS ASSISTANT TEACHER IN DIOSESSEN PRIMARY GIRLS SCHOOL, KHALIPHABAGH, BHAGALPUR, P.S.KOTWALI, DISTT-BHAGALPUR 2. SMT. RAJ KUMARI D/O SRI SUKHDEO PRASAD CHAUDHARY AT PRESENT WORKING AS ASSISTANT TEACHER IN DIOSESSEN PRIMARY GIRLS SCHOOL, KHALIPHABAGH, BHAGALPUR, P.S.KOTWALI, DISTT- BHAGALPUR--------------------------PETITIONERS Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT GOVT. OF BIHAR, PATNA 2. THE DIRECTOR (PRIMARY EDUCATION), HUMAN RESOURCES DEVELOPMENT DEPARTMENT GOVT. OF BIHAR, PATNA 3. THE REGIONAL DEPUTY DIRECTOR OF EDUCATION BHAGALPUR, DISTT- BHAGALPUR 4. THE DISTRICT SUPERINTENDENT OF EDUCATION BHAGALPUR, DISTT-BHAGALPUR--------------------RESPONDENTS ----------- For the Petitioners: Mr. Rajendra Pd. Singh,Sr. Advocate Mr. Mukesh Kumar Singh, Advocate For the Respondents: Mr. SC XI. ----------- 2 20.4.2011 Heard learned counsel for the parties. By a composite order contained in annexure-1 dated 26.5.2010 the appointment of these two petitioners as assistant teachers under what is known as Diosessen Primary Girls School, Khaliphabagh, Bhagalpur ( minority institution) has been held to be bad in law. The District Superintendent of Education, Bhagalpur has passed the order primarily for two reasons (1) that the reservation policy was not followed and (2) that there was no departmental representative present at the time of interview. Learned Senior counsel representing the petitioners submits that by virtue of the nature of institution in question there is no occasion for applying the reservation policy in appointment of assistant teacher because the minority institution makes such appointments and runs its affairs under right guaranteed under the constitution, as already declared to be so by various pronouncements of the Hon’ble Supreme - 2 - Court. So far as the presence of departmental representative is concerned, attention of the Court has been drawn to annexure-C which is a letter dated 12.3.2010 and has been annexed with the counter affidavit filed on behalf of respondent no. 4 which does indicate that Block Education Extension Officer, Kahalgaon was present in the meeting and in support thereof proceeding book was annexed and forwarded. If these are the only two reasons on which the respondent District Superintendent of Education has held the appointment of the petitioners to be illegal then in the opinion of the Court there is no material available which can form the basis on which annexure-1 can be sustained. Obviously it is a case of non-application of mind or proper look into the records as to the issue of appointment of these two teachers. Petitioners have made out a case for interference with the order in so far as relates to these two petitioners. Annexure-1 stands quashed to the extent that the decision shall not apply to the present petitioners for the reasons indicated above as there is material to show that both the grounds are non-existent grounds. This writ application is allowed with a direction upon the District Superintendent of Education not to interfere with the working of the institution in question on this score and accord due approval as to their status. RPS (Ajay Kumar Tripathi,J.)