The respondents had a legal duty to adhere to the provisions of the rules and to refrain from regularizing appointments made in violation of the rules.

P.S. Mishra, J. - These two applications involve a common question whether services of untrained teachers appointed by the sponsors of a High School should be approved by the Secondary Education Board and accordingly taken over by the State Government or not. C.W.J.C. No. 3634 of 1983 relates to a teacher in a High School recognised by the Secondary Education Board on 15.1.1979. C.W.J.C. No. 2426 of 1983 relates to a teacher of a High School established on 1.1.1979 and before it could be affiliated/recognised by the Board, Bihar Secondary School (Taking Over of Management and Control) Ordinance, succeeded by the' Bihar Secondary School (Taking Over of Management and Control) Act, 1981 came in force.

2. One is required to travel through a jungle of the executive Instructions, circulars and ORDER :s and the successive Acts, Ordinances, Rules and Regulations Lo know the methods of recruitment and service conditions of the teachers of the High Schools which were called non-government High Schools until taken over by the State Government, by the Ordinance published on 11.8.1980. Uncertainties about the services and service conditions of the teachers of such schools still continue. Before I actually deal with the facts of the cases of the two teachers, which are heard by' us, I. propose to venture into the laws that appear to be relevant. There were no statutory provisions .to control and regulate the administration of non-government High/Higher Secondary Schools in the State of Bihar until the Bihar High Schools (Control and Regulations) Act, 1960. Although there has been a Board of Secondary Education extending recognition to the non-government High Schools, there has been circulars and ORDER :prescribing minimum standard of teaching, conditions of service of the teachers and other category of employees etc. first statutory recognition to the Board, its powers and functions and the rules concerning the service conditions of the teachers came under various ,provisions of this Act, Section 8 of this Act said that the State Government could, after previous publication and subject to the provisions of Articles 29.30 and 337 of the Constitution of India make rules not inconsistent with the Act for carrying out the purposes of the Act, sub-section (2) thereof provided that until the State Government made rules the provisions contained in the Bihar" Education Code, 7th Edition, as " amended from time to tithe, and all resolutions and ORDER :s of the State Government or of the Director" of the Public Instruction, Bihar, a collection of which ORDER :s was published in the extraordinary issue of the Bihar Gazette of the 23rd March, 1959 and which Were enforced on the date of commencement of the Act, would, in so far as they were not inconsistent with the provisions of the Act and the provisions of the Constitution of India relating to Schools established and administered by Anglo Indians and minorities based on religion and language, be deemed to be the rules made under the Act. The State Government, however, exercised its statutory power to frame service condition rules of the teachers of the schools only in October, "1972 and until its publication in the Bihar Gazette on the 25th of October, 1972, the rules contained in the Bihar Education Code, 7tb Edition and published in the Extraordinary issue of the Bihar Gazette of the 23rd March, 1959 held' the field. The Act, however, was repealed by an ordinance published on 21.5.1974 which introduced substantial changes in the powers and functions of the Board, created a service commission for the teachers and made substantial changes in the mode and procedure of recruitment. After a series of successive Ordinance came the Bihar Secondary Education Board Act, 1976. Before, however, matter could establise and take shape under its provisions its repeal also came by the Bihar Non - Government High Schools Taking Over of Management and Control) Ordinance, 1980. This Ordinance has been succe