AIR 1984 PATNA 99 ::(1984) BLJ 23 ::1984 BLJR 3 ::1983 BBCJ 657 ::(1984) Pat LJR 328

Patna High Court

Hon'ble Judge(s): Shivanugrah Narain , J

Bihar Non-Government Primary Schools (Taking Over Control) Act (30 of 1976) , S.4(2), S.9 Proviso— Untrained matriculate appointed as Assistant Teacher in non-government school in 1972 - School subsequently takenover by State Government - Orders refusing to recognise services of teacher and cancelling her admission at Primary Teachers' Training College, held were illegal and hence quashed. (i) Constitution of India , Art.226— (ii) General Clauses Act (10 of 1897) , S.6— Repeal and Savings. By virtue of the provisions of Section 4 (2) of the Bihar Non-Government Elementary Schools (Takingover of Control) Act (1976) the services of an untrained teacher who was appointed by the Managing Committee prior to the takeover of school and who was on the date of take over a teacher of that school shall be deemed to have been transferred to and he shall be deemed to have become a teacher of the State Government on the same remuneration and on the terms and conditions of the service as he had before the taking over of the said school and he continued to do so until the conditions of services were duly altered by the State Government.(Para 7) In the instant case, it was held that an untrained matriculate who was appointed as Assistant teacher in Non-Government school in 1972 and who was teacher of that school on 20-4-1977 i.e.....