S.B. Sanyal, J.

This writ petition has been referred to Division Bench for hearing, as one of the points involved is the nature of power exercisable by the Chairman under section 18(2) of the Bihar Secondary Education Board Act, 1976 (Act 25 of 1976, hereinafter to be referred to as ‘the Act’)

2. In this writ petition, the petitioner seeks quashing of Annexure 5' dated 9.8.1980, an order passed by the Chairman of the Bihar Secondary Education Board (hereinafter to be referred to as 'the Board'), in exercise of the powers conferred under section 18(2) of the Act, setting aside the order of the Area Education Officer appointing the petitioner as a Clerk of Bakshi High School, Husuinabad.

3. Consequent upon an advertisement, the petitioner, who is a graduate with diploma in typing and respondent no. 7, who is a matriculate with elementary mathematics, applied for the post of a Clerk in the said school. A written test was held by the Ad hoc Managing Committee. The Managing Committee of the School, on the basis of the written test, educational qualification and typing ability, prepared a panel of persons in order of merit. The petitioner was placed as number one in the said panel and respondent no. 7 was placed as number two. The Managing Committee thereafter sent the panel for approval to the Area Education Officer, who is said to be authorised under section 40 (2) of the Act, by the Board, to make the appointment. The Area Education Officer appointed petitioner as a Clerk of the school on 3.11.1979 (vide Annexure 3'). The petitioner joined the school on 8.11.1979.

4. Respondent No.7 being aggrieved by the order of appointment filed an application before the District Education Officer for setting aside the appointment. The District Education Officer rejected the prayer of respondent no. 7 (vide Annexure ‘4’). Respondent No. 7 thereafter moved the Chairman under section 19 of the Act. The Chairman, after having afforded opportunity to both the sides having heard their respective contentions, set aside the appointment (vide Annexure 5') on 9.8.1980.

5. The Board has laid down by its resolution dated 26.1.1978 (Annexure 6') tile following qualifications for the appointment of a Clerk in the School :-

^^¼[k½ fu;qfDr ds fy;s U;wure ;ksX;rk fuEu izdkj gksxh %&

¼1½ lkekU; mEehnokjksa ds fy;s f}rh; Js.kh esa eSfVªd ikl ¼izkFkfedh vFkok okf.kT; xf.kr ds lkFk½A

¼2½ gfjtu ,oa vkfnoklh mEehnokjksa ds fy;s r`rh; Js.kh esa eSfVªd ikl ¼izkFkfed vFkok okf.kT; xf.kr ds lkFk½A

¼3½ mPprj ;ksX;rk okys mEehnokjksa ds fy;s eSfVªd esa f}rh; Js.kh ds ikl gksuk vfuok;Z ugha ekuk tk;sxkA

¼x½ lk{kkRdkj esa mEehnokjksa dk ewY;kadu fuEu izdkj ls fd;k tk;sxk %& ‘kS{kf.kd ;ksX;rk 80 izfr’kr( lqys[k 10 izfr’kr] Vad.k ds ikfjnf’kZrk 10 izfr’kr izca/k dkfj.kh lfefr lk{kkRdkj ds okn izkFkfedrk ds vk/kkj ij nks mEehnokjksa ds uke iw.kZ lwpuk ds lkFk ,oa vuq’kalk ds lkFk cksMZ }kjk izkf/kd`r inkf/kdkjh dks fu;qfDr ds fy;s Hkstsxh rFkk mDr izkf/kd`r inkf/kdkjh lkekU;r% izFke mEehnokj dh fu;qfDr djsxh ijarq ;fn fdlh dkj.ko’k izkf/kd`r inkf/kdkjh f}rh; mEehnokj dh fu;qfDr djs rks izFke mEehnokj dh fu;qfDr ugha djus dk dkj.k izca/k lfefr dks rqjar lalwfpr djsxkA ;g Hkh fu.kZ; fy;k x;k fd mi;qZDr ladYi dh lwpuk dkfeZd foHkkx dks nh tk;s vkSj dkfeZd foHkkx ds vuqeksnu dh izR;k’kk esa bl fu.kZ; ds vuqlkj dke izkjaHk fd;k tk;s(

;g fu.kZ; gqvk gS fd dkfeZd foHkkx dk /;ku bl ckr dh vksj vkd`”V fd;k tk;s fd pwafd fo|ky; ds fyfid ls vPNh gLrfyfi ,oa Vad.k dk Kku visf[kr gS] blfy;s dsoy fofHkUu ijh{kkvksa esa izkIrkad ds vk/kkj ij mPp fo|ky;ksa ds fy;s fyfid dk p;u O;kogkfjd ugha gksxkA**

6. Mr. Thakur Prasad appearing for the petitioner urged that the appointment of the petitioner is in absolute consonance with the requirement laid down in Annexure 6' (extracted above) and. therefore, the Chairman acted illegally and without jurisdiction in setting aside his appointment on pure misconstruction of tile guide line provided by the Board. Alternatively he argued that the resolution dat