Kaushal Kumar Pandey vs The State of Bihar and Others

Radha Mohan Prasad, J.—In this writ petition, the Petitioner has assailed the validity of the order contained in Memo No. 371 dated 24th June, 1999, passed by the District Education Officer, Saran (Annexure 1), whereby and whereunder Respondent No. 5, Paras Nath Sharma, has been declared senior, to the writ Petitioner and has been permitted to act as acting Headmaster of Sri Krishnashram Sanskrit High School, Harihapur, Saran.

Learned Counsel for the Petitioner has raised short question to assail the impugned order. It has been contended than the District Education Officer, Saran had no authority to either fix the seniority or pass order with respect to functioning as Incharge Headmaster of the Sanskrit High School. According to the learned Counsel for the Petitioner, it is only the Bihar Sanskrit Shiksha Board, which is the competent authority to either fix inter se seniority of teachers or pass order foil functioning as Incharge Headmaster of al Sanskrit High School, yet the District Education Officer has again passed illegal order (Annexure 1) declaring Respondent No. 5 senior to the Petitioner although similar order passed earlier by him war cancelled, vide Annexure 8.

Learned Counsel appearing for Respondent No. 5 has submitted that no doubt that earlier also by virtue of the order, contained in Annexure 7, Respondent No. 5 was declared senior to the Petitioner by the District Education Officer and later on realisation that he had no authority cancelled the said order, vide order contained in Annexure 8, but he allowed the Petitioner to work as Incharge Headmaster of the School in question without any authority. According to the learned Counsel for Respondent No. 5, as the order, contained in Annexure 8 has also been passed by the District Education Officer, who had no authority, the same cannot be allowed to stand as the same also suffers for want of authority which make it non est in the eyes of law.

Learned Counsel for the petitions in reply, has submitted that even the order contained in Annexure 7 cannot be allowed to remain as the same has also been passed by the District Education Officer, which was later on cancelled by Annexure 8. According to the learned Counsel for the Petitioner, the Petitioner has been working as Acting Headmaster since 14.8.1997. This fact has seriously been disputed by the learned Counsel for Respondent No. 5.

Heard learned Counsel for the parties.

Having regard to the admitted position that the District Education Officer, Saran had no power to issue either the impugned order, contained in Annexure 1, or even the orders, contained in Annexures.7 and 8, in my opinion, all the said orders are ab initio void and are not sustainable.

Accordingly, all the said three orders, contained in Annexures 1, 7 and 8, Which have admittedly been passed by an authority who was not competent, are hereby quashed. However, as the question of inter se seniority of the Petitioner vis-a-vis Respondent No. 5 has not been finalised by the competent authority as yet, both the Petitioner and Respondent No. 5 are given liberty to raise their claim regarding seniority before the competent authority of Bihar Sanskrit Shiksha Board within two weeks, whereupon the competent authority shall decide the inter se seniority of the Petitioner vis-a-vis Respondent No. 5 within one month thereafter.

The writ application is, accordingly, allowed.