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1992 Supreme(Pat) 213

PATNA HIGH COURT
S.B.Sinha, J.
Indra Dutta Sharma
Versus
Bihar Sanskrit Shikcha Board
Civil Writ Jurisdiction Case No. 4919 of 1982 ;
Decided On : JUNE 30, 1992

Headnote:Bihar Sanskrit Shiksha Board Act, 1981, Sec. 11, 25 and Bihar State Non-Govt. Sanskrit High School (Condition of Service) Rules, 1976 Rules 11 & 12 - Competence of Sanskrit Sikcha Board to laydown requisite qualification for the post of a teacher/Headmaster-in terms of provisions of 1981 Act the institutions imparting education in Sanskrit or for upliftment of the said language was required to be recognised by the Board-the Act was enacted to promot sanskrit education and Sanskrit Educational Institutions are under control and supervision of the Board - the word control is capable of being given different meaning of different context-though in earlier decision it was held that 1976 rules do not have statutory force and rules having not framed under the Act, the Board has requisite competence to lay down qualification for appointment of a Asst. teacher/Headmaster of a recognised school and such control is permissible-as school in question has been taken over by the State, it would be entitled to appoint/continue in service only such teachers who hold the requisite qualification-therefore-power to lay down minimum qualification for appointment being within the ambit of the control of the Board, such exercise of power by the Board can not be held illegal or without jurisdiction circular letter dated 25.9.74 has prima facie no application and as such under the circumstances the State was directed to pass suitable order upon taking into consideration all the relevant circulars and policy, decision-the cases of the petitioners Sharma & Verma to be considered by Special Director, Secondary Education in the light of the Govt. notifications and in terms of provisions of the Act - 1988 PLJR 867 dist. and not toll-AIR 1989 Sc 1607, AIR 1990 SC 1305, 1988 PLJR 17 (SC), 1992(1) PLJR 747, CWJC No. 1409/91 (R), AIR 1992 SC 780, 1992(1) SCC 20, CWJC No 4708/89, ref.

       (Paras 22, 27, 30, 33, 34, 36, 38 & 41)

Judgment

S. B. Sinha, J.

1. All these three writ applications were taken up for hearing together and are being disposed of by this common judgment. As the facts of all these cases are interrelated, the same may first be noticed.

2. Shambhu Prasad Verma (hereinafter to be referred as verma (the petitioner of CWJC No.4919 of 1982 and 5472 of 1984) is an M. A. B. L. and also holds a Diploma in Education. He joined the Raj Sanskrit high School, Bettiah as an Assistant Teacher on 24-2-1965. He was allegedly promoted as Assistant Headmaster of the School on 17-7-1965 by the Managing Committee of the said School. verma claimed himself to be the senior most Assistant Teacher and allegedly was promoted to the post of Headmaster by the Managing Committee of the school by a resolution dated 29-7-1980 upon superannuation of the incumbent of the said post. The said resolution dated 29-7-1980 is contained in Annexure-2 to the writ application. The aforementioned resolution was sent to the Chairman of the Bihar Sanskrit Shikcha Board for his approval.

3. By the impugned order dated 25-6-1981 the promotion of verma to the post of Headmaster was not approved allegedly on the ground that he did not possess the requisite qualification prescribed therefore (Annexure-3 ). verma was, therefore, directed to handover charge of the post of the Headmaster to Shri Indra Dutt Sharma who is respondent No.5 in c. W. J. C. No.4919 of 1982 and C. W. J. C. No.5472 of 1984 and petitioner in C. W. J. C. No.2720 of 1990 (hereinafter to be referred as sharma), by an order dated 13-3-1982 (Annexure-4 ).

4. Verma thereupon filed an application before the respondent No.4 requesting him to furnish reasons for asking him to handover charge. The respondent No.4 sent a reminder of his earlier order to verma by his letter dated 7-4-1982 (Annexure-5 ). The respondent No.4, however, by an order dated 19-4-1982 stayed the operation of the order dated 7-4-1982 (Annexure-6 ). verma, thereafter was placed under suspension by an order dated 24-4-1982 whereupon he filed a writ petition in this Court being C. W. J. C. No.3578 of 1982 challenging the said order of suspension as contained in Annexure-7 to the writ application and also against some other orders. The said writ petition was placed for admission on 6-9-1982 in that writ application a counter affidavit was filed wherein a copy of the order dated 8-10-1982 was annexed, in terms whereof the order of suspension passed as against Verma is stated to have been withdrawn.

5. Respondent No.1 by another order dated 14-11-1982 allowed verma to work as acting Head Master of the School. It has been contended by Verma that he is qualified to hold the post of the Headmaster as the degree of acharya possessed by him is equivalent to that of m. A. verma has further contended that one Shri Krishnanandan Prasad Singh, who held the degree of B. A. Trained only, had been appointed as Headmaster in Nimnabark Sri Krishna Madhavnand Sanskrit High School, dhanamath, Patna by the State of Bihar and thus the petitioner should also be held to be qualified for holding the post of headmaster.

6. In C. W. J. C. No.4919 of 1982 Verma questions the legality of aforesaid order dated 25-6-1981 (Annexure-3 ).

7. In C. W. J. C. No.4919 Verma has merely sought for issuance of an appropriate writ for quashing the order dated 7-4-1982 which is contained in Annexure-5 thereto in terms whereof he was asked not to forward the application forms of the student for their appearance in examinations as sharma had been authorised to act as the Headmaster-in-charge of the aforementioned School.

8. In C. W. J. C. No.2720 of 1990 Sharma has contended that he is a trained graduate and holds a degree of Master of Arts and Bachelor of arts (Hons) in Sanskrit and he is a holder of the degree of sahitya and Vyakarnacharya. He was appointed as an Assistant Teacher in the school on 19th July, 1967. The aforementioned school came under the control of the Bihar Sanskrit Educati









































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