S.S.SANDHAWALIA, J.

1. Does the rationale and the ratio of the Full Bench judgement in Ram Ballabh Prasad Singh V/s. State of Bihar (1986 Pat LJR 373) : (AIR 1986 Pat 218) extend mutatis mutandis to teachers as well under S.3(3), Bihar Non-Government Secondary Schools (Taking Over of Management and Control) Act, 1981 ? Can a teacher, who was untrained on the date of the report of the Special Board, under S.3(3) of the Act aforesaid, inflexibly claim to be considered and absorbed in Government service on the ground of the subsequent acquisition of the training qualification ? These are the twin significant questions which have come to the fore in this reference to the larger Bench.

2. The facts deserve notice with relative brevity. The petitioner was appointed as an Assistant Teacher by the private Managing Committee of the D. N. High School, Chamhera Rasalpur on 10-2-1979. It would appear that this was even prior to the permission for the establishment of the said school which admittedly was granted under the Bihar Secondary Education Board Act, 1976, on 18-10-1979. It is equally common ground that the said school was not a recognised one. Prior to the taking over of the sc