IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.969 of 2019

In

Civil Writ Jurisdiction Case No.3824 of 2017

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Mojibul Haque Son of Late Lal Mohammad Resident of Kutub Chapra, P.O.-

Bakarganj, Gopalpur, P.S.-Hussainiganj, District-Siwan

... ... Appellant/s

Versus

1.

The State of Bihar through the Principal Secretary, Education Department,

Government of Bihar, Patna

2.

The Principal Secretary Education Department, Government of Bihar, Patna

3.

The Director Secondary Education Department, Government of Bihar, Budh

Marg, Patna

4.

TheDistrict Education Officer Siwan, District-Siwan

5.

The Staff Selection Commission through its Secretary, Patna

... ... Respondent/s

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Appearance :

For the Appellant/s

:

Mr.Brisketu Sharan Pandey, Adv

For the Respondent/s :

Mr.Ashutosh Ranjan Pandey (AAG15)

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CORAM: HONOURABLE THE CHIEF JUSTICE

and

HONOURABLE MR. JUSTICE S. KUMAR

ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE S. KUMAR)

Date : 03-03-2021

Heard learned counsel for the parties.

This LPA under Clause 10 of Letters Patent Appeal

has been preferred for setting aside the judgment and order

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dated 09.07.2019 passed by learned Single Judge of this

Hon’ble Court in CWJC No. 3824 of 2017, dismissing the

writ petition.

Briefly stated, the facts of the case is that the School

in question i.e. Daud Memorial Urdu Girls High School,

Siwan, was established as a Linguistic Minority School, and

same was taken over by the Government under Bihar Non

Government Secondary Schools (Taking over of Management

& Control) Act, 1981 and the School was inspected by

officials of the Education Department and the Special Board

Committee recommended recognition of the School and also

in its report submitted the name of teachers working there.

The recognition was granted as minority School

under section 18(2) of the Bihar Non Government Secondary

Schools (Taking over of Management & Control) Act, 1981

and services of 5 teachers were approved. The appointment

were made by the Governing Body of the School which was

subject to approval of the Vidyalaya Seva Board. The services

of Appellant was not approved at the time of recognition of

the School.

Appellant claims to have been appointed on

18.09.1979 as teacher on temporary basis and on 16.06.1981

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on permanent basis by the Managing Committee of the

School and his name figured at Serial No. 5 and date of

appointment as 18.09.1979 in the report prepared by the

Special Board Committee of Education Department and

submitted to the Competent Authority.

Pursuant to the order passed by the Apex Court, the

Director, Secondary Education, Govt. Of Bihar issued an

order dated 13.01.1986 and 07.03.1986 fixing guidelines for

payment of salary to the teachers appointed in recognized

minority Schools which provided that if a teacher was

working within the sanctioned strength and his name appeared

in the report of Special Board Committee, and was working

on the date of recognition of the School salary was to be paid

to such employees.

The District Education Officer, pursuant to circular

dated 13.01.1986 and 07.03.1986 issued by the Education

Department directed to pay the salary to the teachers whose

names were included in the inspection report and thereafter by

order passed by the District Education Officer, the salary of

Appellant was paid w.e.f. date of recognition of the School as

minority School i.e. 23.09.1982.

Director, Secondary Education, issued order on

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19.09.1998 addressed to all the District Education Officer that

teachers who have been appointed after 02.10.1980 a