ORDER

1. The appellant was the Headmaster of an unrecognised high school which was taken over by the Government of Bihar under Bihar Non-Government Secondary School (Taking Over of Management and Control) Act, 1981 (33 of 1982). The appellant represented to the State Government for regularisation of his services which was not accepted and by order dated 6-12-1985, the Government rejected the prayer of the appellant on the ground that he had not completed seven years of service from the date of taking over of the institution. The appellant then approached the Patna High Court which, relying upon a Full Bench decision of its own, dismissed the petition. That is how the matter is before us.

2. It is pointed out by the learned counsel appearing on behalf of the State of Bihar that the Full Bench decision has since been upheld by this Court in Ram Ballabh Prasad Singh v. State of Bihar (SLPs (C) Nos. 4828-30 of 1986 decided on 5-5-1986 : 1988 PLJR 70) by the following order :

"We affirm the view taken by the High Court to the effect that a Headmaster has no right to be automatically absorbed as a government servant in case of an unrecognised school being taken over by the Government. Th