CAV JUDGMENT

Date : 14-03-2024

Heard learned counsel for the petitioner and learned counsel for the State.

2. The petitioner has prayed for following reliefs:

(i) That this Hon'ble Court may be pleased to issue a writ in the nature of Certiorari or any other appropriate writ, order or direction to quash that part of the order contained in letter no. 768 dated 10.09.2014 issued by the Director Secondary Education Bihar, Respondent No. 2 herein, basing himself on Education Department Memo no.921 dated 8.8.2013, to the extent it directs fixation of salary of teachers appointed in aided minority schools on par with teachers appointed in Govt taken over schools under the Teacher appointment Rules 2006; and,

(ii) further be pleased to quash the Department

Resolution /order contained in Education Department Memo No. 921 dated 8-8-2013 in that it, wholly ignoring the nature of appointment made against existing vacancy in sanctioned existing post and directing fixation of pay of teachers appointed in minority schools on par with Niyojan teachers appointed under Teacher appointment Rules 2006 as it infringes right of minorities under article 30 of the

Constitution of India; and

(iii) Be pleased to direct the state Respondents to re- fix the pay scale of the petitioner under the 6th pay scale as applicable to the Assistant Teachers appointed against vacancy in sanctioned post of teachers in aided Minority Secondary Schools which is to be on par with the pay scale of assistant teachers under regular appointment against post of teachers in Government Secondary Schools; and

(iv) Further be pleased to direct the state respondents to pay the Arrears of salary due to the petitioner from 2-04.2012 the date of appointment of petitioner up to date with interest for the period of delay in actual payment.”

3. The case, in short, is that an advertisement was published by St. Teresa's School in the daily News Paper Hindustan on 14.01.2002 calling for applications from eligible candidates for appointment as Assistant Teachers in the school. The petitioner applied to Secretary of St. Teresa's Girls High School for appointment as Assistant Teacher in Mathematics and, after written and practical test, she was selected and appointed by the management for the post of Assistant Teacher in Mathematics against existing vacancy in sanctioned post. Pursuant to the appointment of the petitioner, he joined duty as Assistant Teacher at St. Teresa's Girls High School on 02.04.2012. The petitioner's appointment as Assistant Teacher was forwarded by the Secretary of the school to the Director (Secondary Education) Bihar on 18.03.2012 for approval as per Section 18 (3) (b) of the Bihar Non Government High Schools

(Take Over of Management and Control) Act, 1981. The Director (Secondary Education) by his order dated 10.09.2014 was pleased to accord his approval to the appointment of the petitioner as Assistant teacher made by the management of St. Teresa Girls High School, Bettiah, with effect from 02.04.2012. The Director passed in the order that the petitioner will be paid salary on par with the salary paid to teachers appointed under the Teacher Appointment Rules, 2006 and also directed that the Qualification Certificates of the petitioner shall be verified by the competent authority before release of the due salary to the teacher. The District Programme Officer (Establishment) West Champaran by his order dated 31.7.2015 verified the Qualification Certificates of the petitioner and by his order dated 18.04.2016 fixed the salary of the petitioner on the basis of Notification No. 1530 dated 01.07.2015 which dealt with the matter of fixation of salary of teachers appointed under the

Teacher Appointment Rules, 2006.

4. Learned counsel for the petitioner further submits that the State respondents have acted arbitrarily in violation of mandate of law and in infringement of the right of the minorities guaranteed under clause (2) of Article 30 of the Constitution of India by Department