The cut-off date for counting teaching experience for promotion to the post of Headmaster of a nationalized school where the vacancy occurred prior to 2.10.1980 was the date of nationalization, and any experience gained thereafter could not be counted for that purpose.

Nagendra Rai, J.

The petitioner has filed the present writ application for quashing the order dated 14.9.96 passed by the Director, Secondary Education, Government of Bihar, respondent no. 2 by which he has rejected the claim of the petitioner for appointment to the post of Headmaster of Adarsh Uchcha Vidyalaya, Tetarhat, in the district of Lakhisarai on the ground that the petitioner did not possess the requisite experience on the relevant date for appointment to the said post and for further direction to accept the petitioner as the. Headmaster of the said school and grant all consequential benefits.

2. The permission to establish the school was granted by the erstwhile Bihar Secondary Education Board by its letter dated 7.12.1975. The school was recognised by the order of the competent authority on 31.12.1979. In the said letter at the time of recognition the petitioner was shown as Acting Headmaster and one Gopal Sharan Sahu was shown as Assistant Teacher.

3. The Bihar Non-Government Secondary Schools (Taking Over Management and Control) Ordinance, 1980 (hereinafter referred to as 'Ordinance') was promulgated which came into force on 2.10.80. The school in question was taken over under section 3(1) of the said Ordinance with effect from 2.10.80. The said Ordinance was substituted by the enactment of the Act having the .same name Section 4(3) of the Act providing that the age of superannuation of the Headmaster, teachers and other employees of the schools taken over by the State Government shall be 58 years and other terms and conditions of their service shall be the same as were before the taking over of the Management and Control of the schools till an alteration is made by the State Government in the prescribed manner. Section 15 contains the provisions for framing of rules and section 16 of the Act provides that in case of any difficulty arising in giving effect to the provision of the Act and Rules framed thereunder, the State Government will pass necessary order for removing the difficulty. The State Government in exercise of the power under the Act issued a Circular no. 510 dated 20th November, 1981 containing the provisions for promotion to the post of Headmaster of the nationalised schools which provided, inter alia, that where the vacancies had occurred prior to 2.10.80, the school has to be treated as a Unit and the vacancies to be filled up by promotion amongst the teachers having requisite qualification and experience as mentioned therein. It further provided that in case the vacancies to the post of Headmaster occurring on 2.10.80 or afterwards, the same should be filled up after preparation of a cadre of teachers on the basis of their seniority. The said Circular laid down the minimum qualification for promotion to the post of Headmaster where the vacancy has occurred prior to 2.10.80. It provided inter alia that for promotion to the post of Headmaster where the vacancies occurred on 2.10.80, the Assistant Teacher must have a ten years' teaching experience from a Secondary school recognised by the dissolved Secondary Education Board or the State Government. In case of S.C./S.T. and female candidates, only seven years' teaching experience was required.

4. In exercise of power under section 15 of the Act the State Government framed a rule laying down service condition of the employee under notification no. 398 dated 9th June, 1983 which was published in the official gazettee on 26.9.83. The said Rule contains the provision for filling up the post of Headmaster by promotion as well as by direct recruitment.

5. In exercise of power under Rule 20(3) of the Rules the State Government issued a notification on 6th July, 1983 wherein a decision was taken that the Circular no. 510 dated 20.11.81 laying down the procedure for filling up the post of Headmaster where the vacancies has occurred prior to 2.10.80 shall remain effective till the disposal of the matters pending for filling up the said post. At this stage, i