Case Note & Summary
The case concerned the regularisation of two untrained teachers, Ramdeo Yadav and Raj Narain Yadav, who were appointed after 1 January 1971 in Raghunandan Babulal Kanya Middle School, Sukhsan. The school was taken over by the State Government on 13 January 1981 pursuant to a recommendation made by a committee constituted under Section 3(4) of the Bihar Non-Government Primary School (taking over control) Act, 1576. At the time of takeover, seven teachers and other employees were receiving grant-in-aid. The respondents filed a writ petition in the Patna High Court seeking a direction to regularise their services as government servants from 1 January 1971, contending that they had completed training subsequently and were therefore deemed government servants from that date. The High Court, in CWJC No.1963/95 dated 27 July 1993, allowed the writ petition following an earlier judgment, holding that the respondents must be deemed appointed as on 1 January 1971 and by the date of takeover, 13 January 1981, they had completed training and were entitled to regularisation. The State of Bihar appealed to the Supreme Court by special leave. The State argued that Section 3(2) and 3(3) of the Act distinguish between employees of schools automatically taken over and employees of aided schools taken over under Section 3(4). The takeover of aided schools becomes effective only upon recommendation and acceptance by the Government. The State further relied on an order dated 2 May 1980 issued under Section 8 of the Act, which expressly stated that services of untrained teachers appointed after 1 January 1971 would not be taken over. The State contended that the High Court could not issue a mandamus directing the Government to act contrary to law. The respondents argued that since they were given training at government expense and completed training, they must be deemed taken over as government servants with effect from 1 January 1971, and that Section 4 does not distinguish between regular and irregular employees. The Supreme Court accepted the State's contentions. It held that employees of schools managed by district boards, zilla parishads, municipal boards, and Patna Municipal Corporation became government employees from 1 January 1971 by operation of Section 1(3) read with Sections 3(2) and 3(3). However, aided elementary schools managed by private committees and voluntarily handed over to government control become taken over only upon recommendation under Section 3(4) and acceptance by the Government. The takeover is not automatic or retrospective to 1 January 1971. The Court noted the Government order dated 2 May 1980, which specifically excluded untrained teachers appointed after 1 January 1971 from takeover. Therefore, Section 4 of the Act operates only in respect of employees who were qualified and working prior to the takeover. The High Court's direction was held to be illegal. Relying on J & K Public Service Commission v. Dr. Narinder Mohan, the Court reiterated that no mandamus can be issued to direct the Government to disobey the law. Accordingly, the appeal was allowed, the High Court's order was set aside, and the writ petition was dismissed with no order as to costs.
Headnote
A) Service Law - School Takeover - Effective Date of Takeover - Bihar Non-Government Primary School (taking over control) Act, 1576, Sections 1(3), 3(2), 3(3), 3(4) - The court distinguished between schools taken over automatically under statutory provisions and aided schools voluntarily handed over; for the latter, takeover becomes effective only upon recommendation under Section 3(4) and acceptance by Government, not from 1.1.1971. Held that High Court erred in deeming respondents as Government servants from 1.1.1971. B) Service Law - Regularisation of Untrained Teachers - Eligibility Criteria - Bihar Non-Government Primary School (taking over control) Act, 1576, Sections 3(2), 3(4), 4 read with Government order dated 2.5.1980 - Untrained teachers appointed after 1.1.1971 were specifically excluded from takeover by the 1980 order; subsequent completion of training did not confer eligibility. Held that Section 4 applies only to qualified employees working prior to takeover; hence respondents were not entitled to regularisation. C) Constitutional Law - Writ Jurisdiction - Mandamus - Bihar Non-Government Primary School (taking over control) Act, 1576, Section 8 - The High Court cannot issue mandamus directing the Government to act in violation of statutory provisions or government orders; following J & K Public Service Commission v. Dr. Narinder Mohan, no mandamus to disobey law. Held that the High Court order to regularise was illegal and set aside.
Issue of Consideration
Whether untrained teachers appointed after 1.1.1971 in a school taken over under Section 3(4) of the Act are entitled to be regularised as government servants; whether High Court can issue mandamus to direct regularisation contrary to statutory scheme.
Final Decision
Appeal allowed; High Court order set aside; writ petition dismissed; no costs.
Law Points
- Bihar Non-Government Primary School (taking over control) Act
- 1576
- takeover effective only upon committee recommendation and government acceptance
- untrained teachers appointed after 1.1.1971 excluded
- Section 4 applies only to qualified employees
- no mandamus to disobey law
