S.B. Sinha, J.

This writ application involves a question with regard to the interpretation of sub-section (2) of section 4 read with section 3 of the Bihar Non-Government Elementary Schools (Taking over of Management and Control) Act, 1976, hereinafter called and refereed to as "1976 Act".

2. The facts of the case lie in a very narrow compass and are not much in dispute. The petitioners were appointed as teachers in untrained matric scale of pay on 1.4.1974 and 1.1.1975, respectively, in the Middle School, Dewarika Kothi, Anchal Paru, in the district of Muzaffarpur. It is asserted that the said school is in existence from before 1949. It is an admitted fact that the aforementioned school was taken over in terms of the provisions of the said Act by a notification dated 26.1.1975. It is also admitted that the names of the petitioners were not included in the list of the teachers while the said school was taken over allegedly on the ground that the petitioners had been working against the unsanctioned post.

3. The various authorities including the Headmaster of the Said school and the District Superintendent of Education recommended that the services of the petitioners be regular