The services of every teacher, Headmaster, and other employees of a school taken over by the State Government under the Bihar Non-Government Secondary Schools (Taking over of Management and Control) Act, 1980, shall be deemed to be transferred to the State Government with effect from the takeover, and their terms and conditions of service can only be altered by the prescribed rules.

Satya Brata Sanyal, J.-In this writ application the petitioner prays for issuance of a writ of mandamus directing the respondents to treat the petitioner as Headmaster of Gouri Shanker Mahabir Kanya Uchch Vidyalaya, Jail Press Colony, Gaya, and to pay him the salary of Headmaster.

2. The relevant facts of this case are as follows. That a decision was taken by the local people of Gaya to open a Girls' High School in the Jail Press Colony, Gaya, and, for that purpose, a Managing Committee was constituted. The Managing Committee of the school appointed the petitioner as founder Headmaster and an appointment letter to t4at effect was issued by the Secretary of the Committee on 20.2.1982 (Annexure 2'). The petitioner was a Trained Graduate at the time of his appointment as Headmaster of the said school. Prior to that he was an Assistant Teacher in Sahid High School, Gaya, a recognised High School from 1.12.1970. The petitioner joined the instant High School on 12.3.1982. The Government of Bihar appointed a special Board for inspection and report a& to whether the school fulfils the requirements for take over under the Bihar Non-Government Secondary School (Taking over of Management and Control) Act (hereinafter to be referred to as 'the Act'). On 5.4.l982, the members of the special Board visited the school and a report was submitted to the Director, Secondary Education, Government of Bihar. The special Board accepted the fact that the petitioner is the Headmaster of the school which would be apparent from Annexure 3' of the petition. The report of the special Board was considered by respondent nos. 1 and 2 granting recognition of the school as well as taking over of the management and control of the school with immediate effect. But, in the said notification it is said that the petitioner has been shown as an Assistant Teacher of the school A copy of the said notification is marked as Annexure 1'.

3. The petitioners case is that he was never appointed as an Assistant Teacher by the Managing Committee. He was appointed as a Headmaster and when the school was taken over his services as Headmaster would be automatically transferred to the State Government under section 4(2) of the Bihar Non-Government Secondary Schools (Taking over of Management and Control) Ordinance, 1980. Section 4(2) does not empower the State Government to demote the petitioner beyond changing the designation. Change of designation cannot mean demotion of a person and it will not include change in the status of a person beyond describing a particular post by a different name. Mr. Rajendra Prasad Singh contended that in view of the provisions of section 4(2) and (3) of the Act the petitioner will be deemed to be the Headmaster whose services stood transferred to the State Government on the date of the take over of the school that is, 15.10.1982. The terms and conditions of his service are also guaranteed under section 4(3) of the Act inasmuch as it shall continue to be the same as it was before the taking over of management and control of the school the alteration, if any, could be, according to the learned counsel, by making of rules as required under section 15 of the Act and/or section 10(9). The petitioner, therefore, should be treated as Headmaster and ought to be paid the salary enjoined to the office of Headmaster of the institution. Learned counsel contended that the right to change designation cannot affect the status of the petitioner by treating the petitioner as an Assistant• Teacher as it amounts to his demotion from his previous appointment as the Headmaster of the school. This, learned counsel submits, is impermissible in law.

4. The case of the respondents, on the other band, as it appears from the counter-affidavit, is that the school was recognised from 12.10.1980 and there is no provision under the Act for approving the founder Headmaster as the Headmaster in this school. On the contrary, Government Circular No. 852 dated 21.12.1982 pro