MR. SUBHASH KUMAR v. THE STATE OF BIHAR

(Annexure-18), Mr. Purushottam Kumar Jha, learned counsel for the petitioner has submitted that both the Patna High Court CWJC No.14248 of 2013 (2) dt.30-07-2013 3 reasons namely his being overage at the time of initial appointment as also being an untrained teacher as on

19.10.1995 while rejecting the case of the petitioner for grant of approval of the services of the petitioner in minority School suffers from apparent error on the face of record. In this regard he has explained that even when the petitioner belongs to the backward category and thus entitled for relaxation of age of two years, it has been erroneously held that he was overage on the date of his appointment i.e., 19.10.1995. He has further submitted that the second reason of the petitioner being untrained at the time of his appointment lacks the consideration of the aspect that there was a provision for appointment of even untrained teachers in the Government high Schools as well as the petitioner while continuing as a teacher in the minority School had become qualified with Bachelor of Education (B.Ed.) w.e.f. from 25.10.2010 when his result was declared.

3. Learned counsel for the State has submitted Patna High Court CWJC No.14248 of 2013 (2) dt.30-07-2013 4 that the impugned order passed by the Director, Secondary Education as with regard to approval of the services of the petitioner, a teacher in minority School would require no interference because at all point of time there was a necessity of completion of teachers training course by way of two years degree of Bachelor of Education (B.Ed.) as essential qualification appointment of teachers in the high Schools. He has further submitted that since the Managing Committee of the minority School had sought approval of the petitioner from the first date of his appointment i.e 19.10.1995, the subsequent event of the year 2010 when the petitioner had acquired the teachers training qualification could not have been taken into consideration for approval of the services of the petitioner.

4. In the considered opinion of this Court, the approval of the services of a teacher of a minority high School being governed by the statutory provisions, this Court will have to essentially refer to Section-18 of Bihar Non Governmental Secondary School Patna High Court CWJC No.14248 of 2013 (2) dt.30-07-2013 5 (Control, Take Over Management) Act-1981 (hereinafter referred to as the 1981 Rules) which reads as follows:- ^^18- vYila[;d ek/;fed fo|ky;ksa dh ekU;rk& …1‰ fcgkj ek/;fed f’k{kk cksMZ vf/kfu;e] 1976 …fcgkj vf/kfu;e 25] 1976‰ ,oa fcgkj ek/;fed f’k{kk cksMZ …f}rh; la’kks/ku‰ v/;kns’k] 1980 …fcgkj v/;kns’k 82] 1980‰ ds micU/kksa ds v/khu ?kksf"kr vYila[;d ek/;fed fo|ky; bl vf/kfu;e ds mica/kuksa ds v/khu ekU;rkizkIr vYila[;d ek/;fed fo|ky; ekus tk;saxsA …2‰ jkT; ljdkj vf/klwpuk }kjk ,sls ek/;fed fo|ky;] ftldh LFkkiuk /keZ vFkok Hkk"kk ij vk/kkfjr vYila[;d oxZ }kjk vius oxZ dh ’kSf{kd vko’;drkvksa dh iwfrZ ,oa laLd‘fr dh j{kk ds fy, dh xbZ gks vkSj tks ekU;rk dh fofgr ’krsZa iwjh djrk gks] dks vYila[;d ek/;fed fo|ky;ksa ds :i esa ekU;rk ns ldsxhA …3‰ mi;qZDr mi&/kkjk …1‰ ,oa …2‰ ds v/khu ekU;rkizkIr vYila[;d ek/;fed fo|ky; fuEukafdr micU/kksa ds v/khu lapkfyr ,oa fu;fU=r gksaxs& …d‰ izR;sd vYila[;d ek/;fed fo|ky; ds fy, ,d izcU/k lfefr gksaxs tks lkslk;Vht jftLVzs’ku ,sDV] 1860 ds v/khu ,d fucfU/kr laLFkk gksxh rFkk ftlds xBu ,oa lapkyu dk ,d fyf[kr fo/kku gksxkA …[k‰ vYila[;d ek/;fed fo|ky; dh izcU/k lfefr fo|ky; ds fy, jkT; ljdkj }kjk Lohd‘r la[;k ds Hkhrj jkT; ljdkj }kjk jktdh;d‘r ek/;fed fo|ky;ksa ds f’k{kdksa ds fy, fofgr vgZrk ds f’k{kdksa dh fu;qfDr bl vf/kfu;e dh /kkjk 10 ds v/khu xfBr fo|ky; lsok cksMZ ds vuqeksnu ls dj ldsxh% ijUrq bl mi&/kkjk ds v/khu fdlh f’k{kd dks fu;qfDr esa lgefr nsrs le; cksMZ dsoy bl ckr dh tkap djsxh fd izLrkfor fu;qfDr jkT; ljdkj }kjk fu/kkZfjr ;ksX;rk ,oa bl iz;kstukFkZ cuk;h x;h fu;ekoyh esa fu/kkZfjr izfdz;k ds vuq:i gS ;k ugha vkSj fdlh vU; ckr esa iM+us vFkok izLrko ds vkSfpR; ij mudksa fopkj djus dk vf/kdkj ugha gksxkA …x‰ vYila[;d ek/;fed fo|ky;ksa ds f’k{kdksa ,oa f’k{kdsRrj deZpkfj;ksa dh uSlfxZd U;k; ,oa izpfyr dkuwu ij vk/kkfjr ,d lsok ’krZ fu;ekoyh gksxh ftlesa vU; ckrksa ds vykok O;fFkr f’k{kd vFkok f’k{kdsRrj deZpkjh }kjk izcU/k lfefr ds fu.kZ; ds fo:n~/k vihy djus rFkk mlds ekeys ij iqufoZyksdu djus dk izko/kku gh jgsxk ftldh izfr jkT; ljdkj dks Hksth tk;sxhA …?k‰ fo|ky; lsok cksMZ ds vuqeksnu ds izcU/k lfefr fo|ky; ds f’k{kdksa dks gVk ldsxh] mudh lsok lekIr Patna High Court CWJC No.14248 of 2013 (2) dt.30-07-2013 6 dj ldsxh] mUgsa c[kkZLr dj lds vFkok mUgsa inP;wr dj ldsxh ijUrq izcU/k lfefr }kjk fdlh f’k{kd ds fo:n~/k dh x;h vuq’kklfud dkjZokbZ dk vuqeksnu djrs le; cksMZ dsoy bl ckr dh tkap dj ldsxk fd naM dh ek=k fu/kkZfjr djus ds iwoZ mDr iz;ksukFkZ cukbZ xbZ fu;ekoyh vkSj izfdz;k dk lE;d~ :i ls ikyu gqvk gS ;k ugha] vkSj cksMZ] ;FkkfLFkfr bl lEcU/k esa fdlh vU; ckr esa ugha iM+sxkA …M-‰ ’kkjhfjd ,oa ekufld :i ls v{ke O;fDr dh fu;qfDr f’k{kd ;k f’k{kdsRrj deZpkjh ds :i esa ugha dh tk;sxhA …p‰ 58 o"kZ ls vf/kd vk;q okys fdlh f’k{kd ;k f’k{kdsRrj deZpkjh dh fu;qfDr djus vFkok mls fo|ky; dh lsok esa cuk;s j[kus dh fLFkfr esa ,sls f’k{kd ;k f’k{kdsRrj deZpkjh ds osru vkfn ds Hkqxrku ds fy, dksbZ vuqnku ns; ugha gksxkA …N‰ vYila[;d ek/;fed fo|ky;ksa }kjk Nk=ksa ls os gh ’kqYd fy, tk;saxs tks jkT; ljdkj }kjk fofgr gSa fofgr ’kqYd ls vf/kd jkf’k ysus ds fy, jkT; ljdkj dk iwokZuqeksnu vko’;d gksxkA …t‰ fo|ky; f’k{kk foHkkx ds izkf/kd‘r fujh{kh inkf/kdkjfj;ksa }kjk fujh{k.k ds fy, fdlh Hkh dk;Z ds fnu [kqyk jgsxkA …>‰ Nk=ksa dk ukekadu ,oa LFkkukUrj.k] vuq’kklu ,oa naM] vfHkys[kksa ,oa ys[kkikyu] ’kS{kf.kd ,oa lg&’kS{kf.kd dk;ksZa] LokLF; ,oa lQkbZ vkfn ds lEcU/k esa jkT; ljdkj }kjk cuk, x, fu;eksa vFkok fn;s x;s vkns’kksa dk ikyu djuk mudk dRrZO; gksxkA …¥‰ vYila[;d ek/;fed fo|ky;ksa ds lqlapkyu ,oa f’k{kk ds LrjksUu;u ds fy, jkT; ljdkj ,slk dksbZ funs’k ns ldsxh tks lafo/kku ds vuqPNsn 29 ,oa 30 ds micU/kks ds izfrdwy u gks vkSj ,sls funs’kksa dk vuqikyu djuk ekU;rk izkIr vYila[;d fo|ky;ksa dk nkf;Ro gksxkA …V‰ vf/kfu;e dh bl /kkjk ds micU/kksa vkSj blds v/khu cuk;s x;s fu;eksa rFkk fuxZr funs’kksa ds mYya?ku dh fLFkfr esa fo|ky; dh ekU;rk okil ysus vFkok fo|ky; dks feyus okys vuqnku dks jksd j[kus vFkok lekIr djus ls O;fFkr izcU/k lfefr vkns’k dh rkjh[k ls 60 fnuksa ds Hkhrj jkT; ljdkj }kjk izkf/kd‘r inkf/kdkjh ds le{k lquokbZ ds fy, vkosnu ns ldsxh vkSj izkf/kd‘r inkf/kdkjh ekeys dh lquokbZ dj viuk fu.kZ; nsxk vkSj og fu.kZ; cU/kudkjh gksxkA**

5. It has to be kept in mind that the provision of Patna High Court CWJC No.14248 of 2013 (2) dt.30-07-2013 7 Section-18(3)([k) has since been amended and in compliance of sanction of Vidyalaya Sewa Board, it is the Director, Secondary Education who has been given power of approval for appointment of the teachers in a minority secondary School. From a bare reading of Section-18(3)([k) it would become clear that while giving approval of the services of the teachers of the minority Schools, the qualification and the appointment of the teachers as per prescribed procedure has to be necessarily examined by the Director, Secondary Education.

6. That would bring this Court to the issue of the prevailing statutory provisions as with regard appointment of teachers in the high School. As is well known in terms of the aforementioned 1981 Rules, the Government had framed Sewa Sart Niyamawali on

09.06.1983 known as Bihar Rajkiyakrit Madhyamik Vidyalaya (Sewa Sart) Niyamawali-1983 (hereinafter referred to as the 1983 Rules) for appointment on the Patna High Court CWJC No.14248 of 2013 (2) dt.30-07-2013 8 post of teacher both the qualification of graduation and teachers training was a condition precedent as would be apparent from Rule-4 of 1983 Rules thereof:- ^^4- vgZrk&…d‰ iz/kkuk/;kid&iz/kkuk/;kid in ij fu;qfDr@izkasUufr ds fy, U;wure vgZrk v/kksfyf[kr gksxh& …1‰ ekU;rk izkIr fdlh fo’ofo|ky; dh dyk] foKku vFkok okf.kT; esa Lukre fMxzhA …2‰ ekU;rk izkIr fdlh fo’ofo|ky;] jkT; ljdkj }kjk ekU;rk izkIr cksMZ vFkok jkT; ljdkj ds f’k{kk foHkkx }kjk iznRr ch0,M0] fMi0 bu0 ,M0@fMi0 bu0 fVp0@lh0Vh0 vFkok jkT; ljdkj }kjk ?kksf"kr led{k f’k{kd izf’k{k.k dh ;ksX;rkA …3‰ …v‰ lh/kh HkrhZ ds ekeys esa fo?kfVr ek/;fed f’k{kk cksMZ ;k jkT; ljdkj }kjk ekU;rk izkIr ek/;fed fo|ky;] jkT; ljdkj }kjk lapkfyr ek/;fed fo|ky; ;k dsUnzh; ljdkj }kjk ekU;rk izkIr cksMZ@laxBu }kjk jkT; ds Hkhrj lapkfyr Lohd‘r ek/;fed fo|ky; esa Lukrd gksus ds ckn 10 o"kksZa dk f’k{k.k vuqHko@ijUrq vkfnoklh] gfjtu] efgyk ,oa laLFkkid iz/kkuk/;kidksa ds ekeys esa U;wure 7 o"kksZa dk f’k{k.k vuqHko i;kZIr ekuk tk;xkA fVIi.kh&laLFkkid iz/kkuk/;kid ls vfHkizsr gS ,slk f’k{kd ftldh fu;qfDr 2-10-80 ds iwoZ ekU;rk izkIr fo|ky; ess gqbZ gks rFkk ftudh lsok fo|ky; ds LFkkiukdky ls yxkrkj fcuk dze Hkax ds mDr fo|ky; esa jgh gks rFkk tks izkjEHk ls gh izHkkjh iz/kkuk/;kid in ds fy, fu/kkZfjr ’kSf{kd ;ksX;rk ,oa vgZrk j[krk gksA …c‰ iz/kkuk/;kid in ij izksUufr ds fy, izoj Js.kh esa 8 o"kksZa dh lsok vFkok izoj Jsa.kh esa visf{kr lsokof/k j[kusokys f’k{kdksa ds vHkko esa izoj Js.kh ds ,sls f’k{kd tks izoj ,oa izoj Js.kh dks feykdj 13 o"kksZa dh lsok iwjh dj pwds gks] iz/kkuk/;kid in ij izksUufr ds fy, gdnkj gksaxsA …[k‰ izoj Js.kh ds lgk;d f’k{kd& lgk;d f’k{kdksa ds dqy inksa ds 20 izfr’kr in izoj Js.kh esa gksaxsA izoj Js.kh ds in voj f’k{kdksa dh izksUufr ls Hkjs tk;saxsA izksUufr ds fy, dkykof/k dk fu/kkZj.k dkfeZd foHkkx ds ijke’kZ ls fd;k tk;xkA fVIi.kh& fo|ky; esa inLFkkfir izoj Jsa.kh ds ojh;re f’k{kd@lgk;d iz/kkuk/;kid ds :i esa dk;Z djsaxsA ;fn fdlh fo|ky; esa fdlh le; izoj Js.kh ds dksbZ lgk;d f’k{kd ugha gks rks voj Js.kh ds ojh;re lgk;d iz/kkuk/;kid ds :i esa dk;Z djsaxsA …x‰ izoj Js.kh ds lgk;d f’k{kd&…1‰lkekU; f’k{kd& ekU;rk izkIr fdlh fo’ofo|ky; ls dyk] foKku vFkok okf.kT; ls Lukrd fMxzhA …2‰ ekU;rk izkIr fdlh fo’ofo|ky;] jkT; ljdkj }kjk ekU;rk izkIr cksMZ vFkok jkT; ljdkj ds f’k{kk foHkkx }kjk iznRr ch0 ,M0@fMi0 bu0 ,M0@fMi0 bu0 Vhp0@lh0 Vh0 vFkok jkT; ljdkj }kjk Patna High Court CWJC No.14248 of 2013 (2) dt.30-07-2013 9 ?kksf"kr led{k f’k{kd izf’k{k.k dh ;ksX;rkA fVIi.kh& vkfnoklh] gfjtu ,oa efgyk mEehnokj ds ekeys esa izf’k{k.k dh visf{kr ;ksX;rk j[kusokys mEehnokjksa dh vuqiyC/krk dh fLFkfr esa vizf’kf{kr mEehnokjksa dh fu;qfDr fo|ky; lsok cksMZ dh vuq’kalk ij dh tk ldsxhA ,sls vizf’kf{kr mEehnokjksa dh fu;qfDr djus ds iwoZ ;Fkk fofgr jhfr ls jkT; ds nks izeq[k nSfud i=ksa esa in dk foKku fd;k tk;sxkA vxj blds mijkUr okafNr dksfV ds izf’kf{kr mEehnokj ugha miyC/k gksaxs rks izf’kf{kr gfjtu] vkfnoklh ,oa efgyk mEehnokjksa dh vuqiyC/krk dk izek.k i= fo|ky; lsok cksMZ ls izkIr djus ds mijkUr gh ,sls mEehnokjksa dh fu;qfDr dh tk ldsxh vFkok ,slh fu;qfDr dk vuqeksnu fn;k tk ldsxkA ’kkjhfjd f’k{kk vuqns’kd& …1‰ ekU;rk izkIr fdlh fo’ofo|ky; ls dyk] foKku vFkok okf.kT; esa Lukrd fMxzhA …2‰ ekU;rk izkIr fdlh fo’ofo|ky; ;k jkT; ljdkj }kjk ekU;rk izkIr cksMZ vFkok jkT; ljdkj ds f’k{kk foHkkx }kjk iznRr ’kkjhfjd f’k{kk esa fMxzh ;k fMIyksek ;k led{k ;ksX;rkA ^^izkP; f’k{kd** fdlh ekU;rk izkIr fo’ofo|ky; vFkok jkT; ljdkj }kjk ekU;rk izkIr cksMZ@lfefr }kjk iznRr vkpk;Z …lkfgR; vFkok O;kdj.k‰ fMxzh@fMIyksek rFkk …vjch vFkok Qkjlh ds Qkkfty laLd‘r@Qkjlh@vjch esa ,e0 ,0@vkulZ esa izf’kf{kr fVIi.kh& vkpk;Z@Qkfty mEehnokjksa dh fu;qfDr ds ekeys esa fdlh ekU;rk izkIr fo’ofo|ky; ;k jkT; ljdkj }kjk ekU;rk izkIr cksMZ vFkok jkT; ljdkj ds f’k{kk izf’k{k.k fMxzh@fMIyksek izek.k i=/kkjh dks vf/kekU;rk izkIr gksxhA foHkkx }kjk f’k{kd iznRr m|kasx f’k{kd …1‰ fdlh ekU;rk izkIr fo’ofo|ky; vFkok cksMZ izosf’kdk …eSfVzd‰ ijh{kksRrhZ.k …2‰ fdlh ekU;rk izkIr fo’ofo|ky; vFkok cksMZ@laLFkk ls m|ksx fo"k; esa fMxzh vFkok fMIyksek izkIrA laxhr f’k{kd& …1‰ fdlh ekU;rk izkIr fo’ofo|ky; vFkok cksMZ ls izosf’kdk …eSfVzd‰ ijh{kksRrh.kZ …2‰ fdlh ekU;rk izkIr fo’ofo|ky; ls laxhr esa Lukrd fMxzh@fMIyksek vFkok mldh led{k ;ksX;rkA yfyr dyk f’k{kd …1‰ fdlh ekU;rk izkIr fo’ofo|ky; vFkok cksMZ ls izosf’kdk …eSfVzd‰ ijh{kksRrhZ.kA …2‰ fdlh ekU;rk izkIr fo’ofo|ky; ls yfyr dyk esa Lukrd fMxzh@fMIyksek vFkok mldh led{k ;ksX;rkA d‘f"k f’k{kd& fdlh ekU;rk izkIr fo’ofo|ky; ls d‘f"k LukrdA** Patna High Court CWJC No.14248 of 2013 (2) dt.30-07-2013 10

7. It has to be only kept in mind that though there was an amendment in the Sewa Sart Niyamawali from time to time but no statutory amendment has been made for dispensing the qualification of teachers training for appointment on the post of teacher.

8. At this stage, it would be necessary to take into account the ancillary submission of Mr. Jha that by Government Resolution

05.03.1991 requirement of teachers training was dispensed with for appointment of teachers the Government Secondary Schools. He has also tried to highlight an aspect that when the different pay revision Committee reports also provide for grant of pay scale to untrained teachers in secondary Schools, it has to be inferred that the qualification of teachers training was not a condition precedent for appointment of teachers even in minority high Schools.

9. In the considered opinion of this Court, such submission of Mr. Jha has to be noted for its being Patna High Court CWJC No.14248 of 2013 (2) dt.30-07-2013 11 rejected. As a matter of fact, a Division Bench of this Court as with regard to requirement of teachers training qualification in secondary Schools had examined the matter at great length in the case of Om Prakash Choubey & Ors vs Director, (Secondary Education cum Additional Secretary, Government of Bihar and another reported in 1985 PLJR 1110, wherein, after a complete analysis of the laws that have prevailed, it was held that teachers training qualification was at all point of time the mandatory requirement for appointment on the post of teachers and the executive instructions issued by the State were contrary to the statutory provisions on the basis of which no writ of mandamus can be issued. The Division Bench having held so in the case of Om Prakash Choubey (supra) had also laid down the law that at no point of time there was scope of appointment of untrained teachers in the secondary Schools and the Government circular issued from time to time were contrary to the statutory provisions. Having held so, the Patna High Court CWJC No.14248 of 2013 (2) dt.30-07-2013 12 Division Bench had refused to issue a writ of mandamus in favour of the teachers who were untrained and were seeking continuation of their services.

10. In view of the above, as also the requirement in Sewa Sart Niyamawali, this Court will have no difficulty in brushing aside the submission of Mr. Jha that the Government circular or resolution contrary to statutory Rules making any provision appointment of untrained teachers in secondary Schools cannot supersede the statutory requirement. The analogy of the Pay Revision Committee giving prescribed pay scale for untrained teachers in no view of the matter can be made applicable to a person like the petitioner who had entered in service after enforcement of Sewa Sart Niyamawali. Section-18 of the 1981 Act also does not brook any two interpretation regarding approval of the services of a teacher in a minority high School in terms of the qualification prescribed for appointment of a teacher in the nationalized government high School. Patna High Court CWJC No.14248 of 2013 (2) dt.30-07-2013 13

11. As a matter of fact, when this Court was inclined to dismiss this writ application on the ground that the petitioner did not possess the requisite teachers training qualification on the date of his appointment, Mr. Jha has sought to give-up the prayer of the petitioner in his recognition w.e.f the date of his first appointment and he has concentrated on the remaining limb of submission that since the petitioner had acquired the teachers training qualification as on 25.10.2010, his services at least could be approved from 25.10.2010. This part of the submission of Mr. Jha can be acceptable because the only concern of the Government while giving approval of the services of a teacher of a minority School in terms of Section-18 (3)([k) is adherence to the norms of qualification prescribed by the State Government. It has to be also noted that by virtue of such approval of the services of the petitioner, the Government becomes liable to pay salary and therefore, though the petitioner may not be entitled of his approval Patna High Court CWJC No.14248 of 2013 (2) dt.30-07-2013 14 of service from the date of his appointment i.e.

19.10.1995, he would definitely be entitled for such approval of his service from 25.10.2010, when he has admittedly completed the teachers training course and has passed Bachelor of Education examination (B.Ed).

12. In this regard, reference can also be usefully made to the judgment of the Apex Court in the case of Ram Sarup Vs the State of Haryana reported in AIR 1978 SC 1536, wherein, it has been held as follows:- “3.The question then arises as to what was the effect of breach of Cl. (1) or R.4 of the Rules. Did it have the effect of rendering the appointment wholly void so as to be completely ineffective or merely irregular, so that it could be regularized as and when the appellant acquired the necessary qualifications to hold the post of Labour- cum-Conciliation Officer. We are of the view that the appointment of the appellant was irregular since he did not possess one of the three requisite qualifications but as soon as he acquired the necessary qualification of five years’ experience of the working of labour laws in any one of the three capacities mentioned in Cl. (1) of R.4 or in any higher capacity, his appointment must be regarded as having been regularized. The appellant worked as Labour- cum-Conciliation Officer from 1st Jan., 1968 and that being a post higher than that of Labour Inspector or Deputy Chief Inspector of shops or Wage Inspector, the experience gained by him in the working of Labour laws in the post of Labour-cum-Conciliation Officer must be regarded as sufficient to constitute fulfillment of the requirement of five years’ experience provided in Cl. (1) of R.4. The appointment of the appellant to the post of Labour-cum- Conciliation Officer, therefore, became regular from the date when he completed five years after taking into account the period of about ten months during which he worked as Chief Inspector of Shops. Once his appointment became Patna High Court CWJC No.14248 of 2013 (2) dt.30-07-2013 15 regular on the expiry of this period of five years on his fulfilling the requirements for appointment as Labour-cum- Conciliation Officer and becoming eligible purpose, he could not thereafter be reverted to the post of Statistical Officer. The order of reversion passed against the appellant was, therefore, clearly illegal and it must be set aside. 4.We accordingly allow the appeal, set aside the judgment of the Division Bench as well as of the Single Judge of the High Court and quash the order of reversion passed against the appellant reverting him from the post of Labour-cum-Conciliation Officer to that of Statistical Officer. We further make it clear that the appointment of the appellant as Labour-cum-Conciliation Officer must be deemed to have become regular and he must be deemed to have been appointed to that post only on the expiry of a period of five years calculated from the date when he was appointed Chief Inspector of Shops. There will be no order as to costs of the appeal.”

13. This Court would find that the ratio laid down in the case of Ram Sarup (supra) can also be made applicable in the case of the petitioner for approval of his service from 25.10.2010, when he has admittedly obtained the teachers training qualification.

14. Judged from this angle the Director of Secondary Education was absolutely justified rejecting the grant of approval to the petitioner from the date of initial appointment of the petitioner but then as he has himself found in his order that the petitioner Patna High Court CWJC No.14248 of 2013 (2) dt.30-07-2013 16 subsequently became trained w.e.f. 25.10.2010, he ought to have granted approval of services of the petitioner at least w.e.f 25.10.2010.

15. It has to be noted that the other reason given by him namely, the petitioner being over age at the time of appointment is patently incorrect because maximum age of 35 years would be applicable only for the general category whereas the petitioner is belonging to the backward category and is thus entitled for two years relaxation in the circular of the Personnel and Administrative Reforms Department.

16. Having thus analysed the case of the petitioner in the aforementioned terms, this Court would modify the impugned order passed by the Director, Secondary Education holding the petitioner eligible for grant of approval on the post of teacher in the Minority School namely, Guru Govind Singh Girls High School, Patna City, Patna w.e.f. 25.10.2010.

17. In that view of the matter, this Court would Patna High Court CWJC No.14248 of 2013 (2) dt.30-07-2013 17 direct the Director, Secondary Education to issue order of approval of the services of the petitioner w.e.f.

25.10.2010 and consequently the petitioner will also be entitled for all benefits including payment of salary from the funds of the State Government from 25.10.2010.

18. Nothing said in this order, however, will come in the way of the petitioner in claiming payment of salary for the period from his initial appointment upto

24.10.2010 from the Managing Committee which had appointed the petitioner without his being a trained teacher.

19. With the aforementioned observations and direction, this application is disposed of. Ranjan (Mihir Kumar Jha, J)