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1985 Supreme(Pat) 100

B.P.SINHA
Jai Prakash Prasad – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioners: M/s Ram Chandra Jha & Kameshwar Prasad Singh.
For the respondents: M/s Mani Lal, (S. C. IV) & Kisto Kumar Gupta. (J. C.to S. C. IV)

JUDGMENT :

Birendra Prasad, Sinha, J. - This is an application under Articles 226 and 227 of the Constitution of India. The petitioner has made a prayer for issuance of a writ of mandamus directing the respondents to treat the petitioner as an assistant teacher of Gyatri Yugal High School, Dohra in the district of Nawadah from the date of issuance of notice, contained in Annexure-1 i.e., from 23.9.1983.

2. Shortly stated the case of the petitioner is that he was appointed as an assistant teacher in the school in question vide resolution no. 3 of the Managing Committee dated 15.12.1978 (Annexure-2). He got the appointment letter dated 22.12.1978 directing him to join the post on 31st of December, 1978 (Annexure-3). The appointment of the petitioner was approved by the Managing Committee on 15.1.1979 (Annexure-4). After joining the said school on 31.12.1978, the petitioner claims that he worked there continuously as an assistant teacher. At the time the school was taken over in 1983 he was holding educational qualification of Bachelor of Arts and had completed the training course. The Special Board constituted for recognition of the school and taking over of the management and control







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