Kavita Mehta vs Ramdishwar Bux Rai and Others

Gurnsharan Sharma, J.—In the year 1965 Adarsh Janta Uchya Vidyalaya, Dipaua, within Palau district, was established and on 2.1.1971 Ramdishwar Bux Rai was appointed its Headmaster. On 13.12.1973 Bihar Secondary School Examination Board granted permission to start the school and constituted Special Board which submitted its report dated 24.2.1975. Exhibit C, wherein said Ramdishwar Bux Rai was shown to have been acting as Headmaster.

For some reason, said school remained closed for more than a year from 19.5.1976. On 23.10.1977 a new managing Committee with Sudeshwar Mehta as Secretary was constituted for the school and on the same day by a resolution, Exhibit 4/C, services of Ramdishwar Bux Rai were terminated.

On 15.2.1979 Ramdishwar Bux Rai challenged constitution of new Managing Committee as well as termination of his services before the President. Bihar Secondary Education Board. A two men Special Committee was constituted on 26.3.1979, Exhibit 2/v.

Kavita Mehta was working as Assistant Teacher in Girls'' High School, Latehar. She claimed to have been appointed as Headmistress of the Adarsh Janta Uchya Vidyalaya, Dipaua, by resolution dated 5.11.1978, Exhibit 4/g, of the Managing Committee and joined the said post on 16.11.1978 while she was on maternity leave and as such started working on the said post from 26.3.1979.

Bihar Secondary Education Board accepted report of the aforesaid two men Spe cial Committee dated 11.5.1979 and thereafter accorded recognition of the school on 23.6.1979, Exhibit 2/z-l, showing Ramdishwar Bux Rai as In-charge Headmaster thereof.

It is pertinent to mention that the said Committee reported that new Managing Committee was illegally constituted and appointment of Kavita Mehta wife of Sudeshwar Mehta, Secretary of the said Managing Committee was also illegal as she was already working as Assistant Teacher in a recognised Girls'' High School at Latehar and while on maternity leave from the said school, she was appointed to act as Headmistress of another school. It was further reported that Ramdishwar Bux Rai was appointed and was acting as Headmaster and so it was recommended that permanent recognition of the school may be accorded with him as its acting Headmaster. A copy of the said report dated 11.5.1979 was annexed as Annexure A with the written statement filed on behalf of Director and Deputy Director, Secondary Education, Bihar, and it was not denied by plaintiffs.

In Exhibit 2/z-l, name of Kavita Mehta and two others, namely, Sitaram Mehta and Fuldeo Mahto who also claimed to be working as Assistant teachers in Adarsh Janta Uchya Vidyalaya were not shown.

In the suit filed by those three teachers relief was sought for declaration that appointment of Ramdishwar Bux Rai as I/C Headmaster of the school and non-recognition of their services were illegal and without jurisdiction, and for permanent injunction restraining the defendants concerned from implementing the said order.

During pendency of the suit services of Sitaram Mehta as Assistant Teacher of the said school at Dipaua was recognised by Director of Secondary Education, Bihar, on 9.4.1981. Exhibit 2/w, with effect from the date of recognition of the school. Likewise services of Fuldeo Mahto was also recognised on 9.8.1984. Services of Kavita Mehta was too approved as Assistant teacher of the school in question with effect from 17.3.1983.

It was found that Kavita Mehta accepted appointment in Dipaua High School without tendering resignation from the post of Assistant teacher which she was holding in Girls'' High School, Latehar.

The suit was decreed holding that plaintiffs appointment by New Managing Committee of 1977 was legal and operative and order of the Board appointing Ramdish-war Bux Rai as Headmaster In-charge as well as plaintiffs removal from services of the school in question were illegal and without Jurisdiction. Defendants were directed to recognise plaintiff''s services as Headmistress and Assistant teachers of the school and appointment of defendant No. 6 as Headmaster In-charge of the school was set aside and he was asked to hand-over, charge of the school of plaintiff No. 1, Kavita Mehta as Headmistress In-charge.

Defendant No. 6 preferred appeal which was allowed and trial Court''s decree was set aside. The suit was dismissed as barred u/s 53 of the Bihar Secondary Education Board Act. 1976.

First appellate Court after discussing evidence of parties, recorded finding of fact that Kavita Mehta accepted another employment while on maternity leave from her parent school, which was strictly prohibited and that too without obtaining prior permission from the authority concerned. Appointment of Kavita Mehta to act as Headmistress of Dipaua High School was irregular and improper.

Section 53 of the Act specifically restricted the powers of civil Court to settle, fix or dispose of any issue which was to be settled, fixed or disposed of by District Control Committee or the Court. It excludes Jurisdiction of civil Courts to entertain suit against decision by District Control Committee or by Board.

In the present case, the Board accorded recognition to Dipaua High School along with services of teachers and non-teaching staff. Plaintiff-appellant had, therefore, liberty to prefer appeal challenging decision of the Board against her.

In her evidence, she stated that she had also filed representation before the Board regarding non-recognition of her services as Headmistress of Dipaua High School and it appears that on the said representation, her services as Assistant teacher of the said school was recognised with effect from 17.3.1983.

In the aforesaid circumstance. I find no reason to interfere with the impugned judgment and decree passed by Court of appeal below,

In the result, this appeal is dismissed having no merit. There shall be no order as to costs.