Baidya Nath Poddar vs State of Bihar and Others

G.C. Bharuka, J.—In these set of writ application, the claim of the Petitioners, who are teachers in the Nationalised Secondary Schools, in that the post of headmaster, which has fallen vacant in their respective schools even after 26.9.1983, the date of enforcement of the Bihar Nationalised Secondary Schools (Conditions of Service) Rules, 1983 (hereinafter to be referred to as the Rules only) should he filled up by treating the schools as independent units.

In my opinion, the claim of the Petitioners can not be sustained for the reasons set out in detail in the judgment delivered today by this Bench in C.W.J.C. No. 2390 of 1989 and analogous case (Satyadeo Prasad Verma v. the State of Bihar and Ors.). In the said judgment I have held that the case for promotion to the post of headmaster falling vacant after 2.10.1980 has to be filled up in accordance with the provisions laid down under the Rules except in the cases of such persons, who have already been promoted prior to the dale of enforcement of the Rules.

For the reasons aforesaid, these writ applications are dismissed. There shall be no order as to costs.

S.B. Sinha, J.

I agree.