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1977 DIGILAW 460 (MP)

Satish Chandra Raizada v. State of M. P.

1977-10-25

G.P.SINGH, R.K.TANKHA

body1977
Short Note : 1. The petitioner was Principal in a Higher Secondary School run by the Janapada Sabha, Narsimhapur. The school, along with other schools run by the Janapada Sabha, was taken over by the State Government from 1st October 1969. The Government laid down principles on which the staff of these schools was to be absorbed in Government schools. In accordance with the principles so laid down, there was screening of the staff and thereafter absorption in Government service. The petitioner was absorbed as Lecturer. By this petition under Article 226 of the Constitution, the petitioner challenges this order. Held : The contention of the petitioner is that he was a confirmed Principal and the State Government should have absorbed him as Principal. In our opinion, there is no merit in this contention. According to the principles of absorption laid down by the State Government by order dated 21st December, 1967, it was obligatory that a person should have worked on the post of Principal for a minimum period of seven years before he could claim to be absorbed as Principal in Government service. The petitioner did not fulfil this qualification as he worked as Principal, when the school was run by the Janapada Sabha, for a period less than seven years. The contract of service of the petitioner with the Janapada Sabha came to an end when the school was taken over by the State Government. That contract cannot be enforced against the State Government. The petitioner had a right to be absorbed as Principal, except on the terms and conditions laid down by the Government for absorption of the staff. This view has consistently been taken by this Court [See: Raj Kumar Tiwari Vs. State of M.P. and others (M.P. No 17 of 1973, decided on 14th April 1976) and Laxminarayan Behre v. The State of M.P. and others (M.P.No. 300 of 1973, decided on 29th April 1976)]. In view of the fact that the petitioner did not fulfill the qualification laid down in the absorption order, it cannot be said that his rights were violated by the State Government when he was absorbed as Lecturer and not as Principal. Petition dismissed.