The services of an untrained teacher appointed prior to the takeover of a non-Government Elementary School by the State Government can be recognized under Section 4(2) of the Bihar Non-Government Elementary Schools (Taking Over of Control) Act, 1976.

1. This application under Articles 226 and 227 of the Constitution is directed against the order dated 14-4-1978, issued under the signature of the Sub-Divisional Education Officer, Chapra, copy whereof is Annexure 8 to the writ application, stating that the services of the petitioner Smt. Maya Raman, an untrained teacher could not be recognised by the Government, as she had been appointed after 1-1-1971. By this application, the petitioner further prays for quashing the order, copy whereof is Annexure 12 to the writ application, by which the District Superintendent of Education, Saran directed the Principal of the Primary Teachers Training College, Sonepur, to cancel the admission of the petitioner to the said College.

2. The relevant facts are not in dispute. The petitioner, an untrained Matriculate, was appointed an Assistant teacher of Baljyoti Sansthan Middle School, Chapra, hereinafter called the School, by the Managing Committee of the said School with effect from 2-1-1972. That school was a recognised and aided School. In accordance with the procedure prescribed, the School was taken over by the State Government with effect from 20-4-1977. The order had been issued by the Regional Deputy Director of Education concerned and though the order for taking over was once cancelled by the State Government, the order for cancellation was quashed vide order of the court dated 7-11-1979 passed in C. W. J. C. No. 3315 of 1975. It is not in dispute that the petitioner was serving as a teacher of the School on the date of the take over and, according to the charge report submitted by the Deputy Inspector of Schools, who took over charge of the School, there were three posts and the petitioner was shown at serial 2 in the list of teachers. The petitioner was paid her salary till 31-1-1978, but payment of her salary was stopped thereafter. That fact is stated in paragraph 7 of the writ petition and has not been denied in the counter-affidavit and, therefore, must be taken to have been admitted. It is not also in dispute that by order of the District Superintendent of Education, Saran (respondent No. 5), the petitioner had been deputed for training at the Primary Teachers Training College, Sonepur, which deputation was recalled by the order contained in annexure 12.

3. According to the petitioner, the impugned order refusing to recognise the services of the petitioner as Assistant teacher of the School contravenes Sec.4 of the Bihar Non-Government Elementary Schools (Taking Over of Control) Act, 1976, hereinafter called the Act, and that under Sec. 4 (2) of the Act, the services of the petitioner must be deemed to have been transferred and the petitioner must be deemed to have become a teacher of the State Government and entitled to hold office on the same remuneration and terms and conditions of service as she would have been entitled, to before the taking over of the School and that the State Government could not refuse to recognise her services merely because she was an untrained teacher. No cause has been shown on behalf of the State and its officers who are respondents 1 to 5. According to them, by a letter dated 31-7-1969 of the Secretary of the Education Department addressed to the Director of Public Instruction, the Government of Bihar had ordered that no untrained teacher be appointed in any non-Government Elementary School without the permission of the Additional Director of Public Instruction-cum-Joint Secretary to the State Government, and by a subsequent order contained in the letter dated 26-51975, copy whereof is annexure 7 to the writ petition, Government had laid down that the services of untrained teachers regularly appointed by the managing committees of Primary Schools should be recognised only if they had been appointed till 1-1-1971 and that services of teachers who had been appointed in contravention of Government instructions on a date subsequent to 1-1-1971 should be terminated at once. The 1975 Order f