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1989 Supreme(Pat) 247

PATNA HIGH COURT
S.Roy and N.S.Rao JJ.
Ritambra Suman
Versus
State Of Bihar
Civil Writ Jurisdiction Case No. 1234 of 1989 ;
Decided On : JULY 27, 1989

Important Points

The State Government should consider the views of the Managing Committee before passing a final order on teacher appointments.

Subject

Education Law - Teacher Appointments

Act Referred

CONSTITUTION OF INDIA : Art.226, Art.227

Headnote

Annexure 8/A - Absorption in School - The court ordered the State Government to pass a final order only after hearing the members of the Managing Committee.

Fact of the Case:

The petitioner sought inclusion of her name in Annexure 8/A for absorption in the Project Girls High School, Kamdara, District Gumla.

Finding of the Court:

The court ordered the State Government to pass a final order only after hearing the members of the Managing committee.

Issues: Inclusion of petitioner's name in Annexure 8/A for absorption in the School.

Ratio Decidendi: The State Government should pass a final order only after hearing the members of the Managing Committee.

Final Decision: The application is disposed of with the direction for the State Government to pass a final order after hearing the Managing Committee members.

Judgment

S.Roy, J.

1. According to the petitioner, the Secretary of the Project Girls High School, Kamdara, District Gumla should have included her name also in Annexure 8/A for absorption in the School and as that has not been done, appropriate relief should be granted to her.

2. Heard the counsel for the parties.

3. It appears from Annexure 9 that after examining, it sent the names of teachers as appears from Annexures 8 and 8/A A number of members of the Managing Committee wrote the District Education Officer that the Secretary of the School (respondent No. 2) had committed irregularity in sending the names. They requested for returning the necessary documents for reconsideration of the same by the Managing Committee.

4. We are informed on behalf of the petitioner that no final order has been passed by the State Government on Annexes 8 and 8/A. We order that the State Government shall pass final order only after hearing the members of the Managing committee.

5. With this direction, the application is disposed of.

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