Chandrama Prasad Singh vs The State of Bihar and Others

Shiva Kirti Singh, J.—Heard the learned counsel for the petitioner and learned counsel for the State. According to the petitioner he was appointed in the school in question when it was a private school, by the Managing Committee in the year, 1979 but his name was wrongly not shown in the list of the teachers of the school when it was taken over by the Government in the year, .1981. Petitioner has claimed that he filed a representation in the matter vide Annexure-4 in the year, 1985 and when no relief was given to him by the Government he filed this writ petition in the year, 2000. It appears that there was civil litigation regarding service of the petitioner and some other teachers even before the school was taken over.

The number of sanctioned posts available in the school were, according to the petitioner, wrongly shown to have been occupied by other teachers who were not validly appointed. The petitioner has approached this Court after 19 years of the school is taken over and if his case is to be accepted then it is likely to affect the service of other teachers who were allegedly shown as teachers against the sanctioned posts. Hence, on account of delay the matter has become stale and it is not being the just and proper to hold any enquiry into the facts after such delay. The fact that the some persons had claim to be valid teachers of this school by filing C.W.J.C. No. 894 of 1982 and that their writ petition was allowed does not help the case of the petitioner. The writ petition is, thus, dismissed.