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PATNA HIGH COURT
Asok Kumar Ganguly, J.
Jai Shree Gupta
Versus
State Of Bihar
Civil Writ Jurisdiction Case No. 2572 of 1991 ;
Decided On : SEPTEMBER 27, 1995
EDUCATION - APPOINTMENT - REVERSION - HEAD MISTRESS - REGULARITY OF APPOINTMENT - QUALIFICATION - NATURAL JUSTICE - PRINCIPLES - REVERSION WITHOUT HEARING - SUBSEQUENT ACQUISITION OF QUALIFICATION - REGULARIZATION OF APPOINTMENT - HUMANITARIAN GROUNDS - OFFICLATING ON HIGHER POSITION - NO RIGHT TO SUBSTANTIVE POST.
Fact of the Case:
The petitioner, a Head Mistress in a Girls Middle School, challenged the orders reverting her to the post of Assistant Teacher and appointing another person as the Head Mistress. The petitioner claimed that she was duly appointed as the Head Mistress in 1973 and had been working in that capacity for 15 years. She also claimed that she had subsequently acquired the qualification of a B.A.-trained teacher, which was the required qualification for the post of Head Mistress.
Finding of the Court:
The court found that the petitioner was duly appointed as the Head Mistress in 1973 and had been working in that capacity for 15 years. The court also found that the petitioner had subsequently acquired the qualification of a B.A.-trained teacher, which was the required qualification for the post of Head Mistress. The court held that the impugned orders reverting the petitioner to the post of Assistant Teacher and appointing another person as the Head Mistress were illegal and void, as they were passed without giving the petitioner an opportunity of hearing and without taking into account the relevant facts.
Issues: 1. Whether the petitioner was duly appointed as the Head Mistress in 1973 and had been working in that capacity for 15 years? 2. Whether the petitioner had subsequently acquired the qualification of a B.A.-trained teacher, which was the required qualification for the post of Head Mistress? 3. Whether the impugned orders reverting the petitioner to the post of Assistant Teacher and appointing another person as the Head Mistress were illegal and void?
Ratio Decidendi: 1. The court held that the petitioner was duly appointed as the Head Mistress in 1973 and had been working in that capacity for 15 years, based on the evidence of various documents submitted by the petitioner, including appointment letters, transfer orders, and letters from the Deputy Inspectress of Schools. 2. The court held that the petitioner had subsequently acquired the qualification of a B.A.-trained teacher, which was the required qualification for the post of Head Mistress, based on the evidence of the petitioner's passing the Hindi Noting and Drafting examination and the Sahitya Alankar examination. 3. The court held that the impugned orders reverting the petitioner to the post of Assistant Teacher and appointing another person as the Head Mistress were illegal and void, as they were passed without giving the petitioner an opportunity of hearing and without taking into account the relevant facts, including the petitioner's long service as Head Mistress and her subsequent acquisition of the required qualification.
Final Decision: The court allowed the writ petition, set aside the impugned orders, and directed the respondents to reinstate the petitioner as the Head Mistress and to release her pay scale as a B.A.-trained teacher within three months.
A. K. Ganguly, J.
1. The writ petition has been filed for quashing the orders at Annexures 13 and 19 as a result of which the petitioner has been reverted from the post of Head mistress in Girls Middle School, borio (hereinafter called the said school) and has been asked to function as Assistant Teacher in the said School and respondent No.5 Smt. Sarla Soren has been asked to function as the Head Mistress of the said school.
2. Before filing the present writ-petition, she had also filed another writ-petition bearing C. W. J. C. No.7339 of 1988 against the reversion order at Annexure 13 dated 1st september, 1988 issued by respondent no.4 purporting to revert her from the said post but the said writ-petition was permitted to be withdrawn by an order of this Court dated 26th september, 1988. Thereafter again another writ petition was filed being c. W. J. C. No.8539 of 1988 against the same order dated 1st September, 1988 but by way of inadvertance the fact about the withdrawal of the earlier writ petition being C. W. J. C. No.7339 of 1988 was not initially mentioned. Thereafter, on detection of the said omission, a supplementary affidavit was filed in the said writ petition (C. W. J. C. No.8539 of 1988 ). But when the said writ petition (C. W. J. C. No.8539 of 1988) was finally taken up for hearing by this Court on 21st february, 1990 the same was dismissed on account of omission on the part of the petitioner in stating about the earlier filing and withdrawal of c. W. J. C. No.7339 of 1988. But this court while dismissing the said writ-petition being C. W. J. C. No.8539 of 1988 by order dated 21st February, 1990 was pleased to observe that the petitioner may pursue other internal remedies available to her.
3. Now in this writ petition, the petitioners case is that pursuant to the said order dated 21st February, 1990 she made a representation and the said representation was finally disposed of by an order dated 30th March, 1991 as contained in Annexure-19 purporting to revert the petitioner from the post of the Head Mistress of the said school.
4. The factual aspects of the case may be stated hereunder:-
The petitioner after doing her sahitya Bhushan from Hindi vidyapeeth, Deoghar, which is equivalent to LA. and Teachers training Course (two years) in the year 1971, was duly appointed in the year 1973 in the vacant post of Head mistress in Girls Middle School, meharma in the district of Santhal pargana on temporary basis by the district Committee of the Santhal pargana, Dumka after she was selected for the post and after going through the process of interview. From the appointment letter dated 17th March, 1993 issued in favour of various other teachers including the petitioner it appears that the District Training centre after following the proper procedure selected the petitioner along with other candidates for the post of head Mistress and the petitioners name figured at serial No.197 in the appointment letter issued from the office of the District Superintendent of education, Santhal Pargana at Dumka. Thereafter a letter dated 6th April, 1973 was issued from the office of the deputy Inspectress of Schools, Godda whereby the Incharge Head Mistress of the said Girls Middle School, meherma was directed to hand over the charge of the Head Mistress to the petitioner and accordingly the charge was handed over and the petitioner started functioning as the Head mistress of the said School at meherma since 6th April, 1973. Thereafter by an order dated 2nd august, 1978 the petitioner was transferred on the vacant post of Head mistress in Girls Middle School, borio and in the said order of transfer the petitioners name finds place against serial No.58. Pursuant to the said transfer, the petitioner appeared before the Deputy Inspectress of school, Godda on 19th August, 1978 and requested him to relieve her for joining her new assignment. Then the deputy Inspector of Schools, Godda wrote a letter to the Deputy inspectress of School,
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