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2008 Supreme(Jhk) 641

N.N.TIWARI
Yudhisthir Mahato – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Petitioners: Mr. Sanjay Kumar Pandey.
For the State Mr. R.N. Sahay.

JUDGMENT:

Narendra Nath Tiwari, J.-The petitioners, who are teachers of different secondary schools, have sought a direction on the respondents to consider them for promotion to the posts of Headmaster, as they, being the Acting Headmasters or seniormost teachers of their respective schools, were all eligible for promotion to the posts of Headmaster in terms of the provisions of Bihar Nationalised Secondary Schools (Service Conditions) Rules, 1983.

2. All the petitioners were appointed as Trained Graduate Assistant Teachers and have possessed Master Degree with Teachers' Training Diploma. They were given Selection Grade as also the Super Selection Grade and either they are Acting Headmasters or Seniormost Teachers in their respective schools

3. For the purpose of dealing with the service conditions, including the preparation of seniority list and promotion, rule was framed under the provisions of Section 9 of the Bihar Non-Government Secondary Schools (Taking Over of Management and Control) Act, 1981.

4. Rule 4 of the said Rules prescribed minimum eligibility and qualification for appointment/promotion to the post of Headmaster, which includes;

(i) B. Ed. Degree of recognized univer



































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