U. P. Singh J.

1. By this application the petitioners have challenged the validity of the impugned notification dated 30-7-1982 contained in Annexure-8 therein the petitioners were not included in the list of approved teachers of kanya Uchch Vidalaya, Obra. It has been fairly pointed out by the learned counsel appearing for the petitioners that he is not seeking any relief against respondents 6 to 8, who have been so appointed under Annexure-4.

2. The said institution was founded and started functioning with effect from 23rd January, 1978 and respondents 9 to 10 were the secretary and the president of the said Vidyalaya. Against the vacancy for the post of Assistant teachers,the petitioner No.1 filed an application and by letter dated 25-7-1980 she was appointed as Assistant teacher and joined the post sometime in August 1980 and since then she has been teaching the students regularly to the satisfaction of the concerned authorities. In between the period 3-8-1981 to 24-4-1982 she proceeded for the training course and joined the said Vidyalaya on 26-4-1982. The second petitioner was appointed as Assistant Teacher by letter dated 30th july 1979 and joined the said post sometime in August 1979 and since then she has been teaching the students. The third petitioner as well joined the post of assistant teacher in the said school in April 1979 pursuant to his appointment in March 79 and since then he has been discharging his duties as an Assistant teacher. The petitioner No.3 also passed the training course in the year 1982 from the Ranchi University and petitioner No.2 after getting permission from the Department, completed the training course in the year 1982-83 from the magadh University, Gaya, and the result was published in the year 1985.

3. After granting recognition to the said School by notification dated 30-7-1982, the Government took over the Management and control of the said vidayalaya and six Assistant teachers were appointed vide the impugned notification contained in Annexure-4 but the name of these petitioners in the list of approved teachers were not included. The petitioners then made a representation to respondent No.9 as to why and under what circumstances they were not so appointed, although they have been working in the said Vidyalaya since long even before the publication of the said notification.

4. The sole grievance of the petitioners is that even though they were eligible to be appointed as Assistant teachers, but their names were arbitrarily excluded from the list of working teachers and without affording any opportunity to them, the Government notification contained in Annexure-4 was published violating principles of natural justice.

5. Section 3 of the Bihar Non-Government Secondary School (Management and Taking over) Ordinance, 1981 requires that, before the management and control of a school is take over, committee will be appointed by the government, who will enquire about the suitability of the working teachers, clerks and peons to be retained in service. The grievance of the petitioners is that no such enquiry was conducted by any committee before the impugned notification was issued and as such the impugned notification was violative of section 3 of the Bihar Non-Government Secondary schools (Management and taking over) Ordinance, 1981.

6. The consequence of the said taking over of the institution is provided in Sec.4 of the Ordinance and the relevant Sec.4 (2) reads as follows:-

"every officer, teacher or other employees holding any office or post in the school take over by the State Government shall be deemed to have been transferred to and become an officer, teacher or employee of the State Government. "

It was thus contended that since the petitioners were working as teachers, before the impugned order was issued, and the same has not been controverted, the exclusion of the petitioners name is illegal and arbitrary.

7. There is no counter-affidavit specifically dealing with the case o