9911796707
|
Home
Issues involved: Interpretation of the Bihar Non-Government Primary School (taking over control) Act, 1576 regarding the regularisation of untrained teachers appointed after 1.1.1971 by a school taken over by the State Government.
Summary: The Supreme Court heard a case where two untrained teachers, appointed after 1.1.1971, sought regularisation of their services after completing training subsequent to their appointment. The High Court allowed their writ petition, deeming them Government servants from 1.1.1971. The appeal contended that the High Court's interpretation required consideration due to public interest. The Court noted that employees of schools managed by various bodies became Government employees from 1.1.1971, and the takeover of aided schools required a committee's recommendation and Government acceptance. The Court held that untrained teachers appointed after 1.1.1971 were not eligible for takeover, and the High Court's decision was illegal. It cited precedents stating that no mandamus could direct the Government to disobey the law. Consequently, the appeal was allowed, the High Court's order was set aside, and the writ petition was dismissed.
|
