S.N.JHA
Manju Jha – Appellant
Versus
State Of Bihar – Respondent
S. N. Jha, J.
1. The dispute in this batch of writ petition relates to appointments of Headmistresses in nationalised Schools of the State.
2. The Bihar Non-Government secondary Schools (Taking Over management and Control) Act, 1981 (in short the Act), under which the schools in question have been nationalised, provides for a Vidyalaya seva Board (hereinafter called the Board), which is to make recommendations to the Director (Secondary education) for appointment and promotion of Assistant teachers and headmasters. The Bihar Nationalised secondary Schools (Conditions of service) Rules, 1983 (in short the Rules), framed under the said Act provides for appointment of Headmasters by bath direct recruitment and promotion. As per Rule 780% vacancies on the posts of Headmaster are to be filled by promotion while the rest 20% by direct recruitment. The impugned appointments have been made by direct recruitment on the basis of advertisement and selection by the Board. According to the rules, the vacancies in the quota of direct recruits are to be communicated to the Director (Secondary education); the Director after receipt of the information regarding vacancies has to send requisi
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