S.S.SANDHAWALIA, J.

1. The two common significant questions in this set of three connected writ petitions, which are of frequent occurrence within this jurisdiction have been referred for adjudication by a larger Bench in the terms following.

"1. Whether the Headmaster of a school before it is taken over under sec. 3(3) of the Act shall be deemed to be a teacher of that school for purpose of examination of his qualification and suitability because there is no specific mention of Headmaster of such school in sec. 3(3)?

2. Whether even the Headmaster of the school taken over under sec. 3(3) shall automatically "become Headmaster of the school after its take over in view of sec. 4(2) without any scrutiny in respect of his qualification and suitability?"

2. The representative matrix of facts, which are admittedly similar, if no identical, may be noticed briefly from C.W.J.C. 1946/84 (Baijnath Singh V/s. The State of Bihar and others) the petitioner began his service career with effect from 1st of March, 1969 as an Assistant Teacher in the Anugrah High School, Aurangabad. The Tapeshwari Kuer High School, Dosma, in the district of Aurangabad, was started in the year 1980 and in p