Statutory takeover and regularisation cannot override exclusions for untrained teachers appointed after the cutoff date.

A statutory takeover of aided schools became effective only on completion of the prescribed recommendation and Government acceptance process, and Section 4 applied only to qualified employees already working before takeover. Untrained teachers appointed after the cutoff date and excluded by the Government's order under Section 8 could not claim deemed Government servant status or regularisation on takeover. A writ of mandamus could not be issued to compel the State to act contrary to the statute. The claim to be treated as Government servants from 1.1.1971 was rejected, the direction for regularisation was unsustainable, and the High Court's order was set aside.

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Issues: Whether untrained teachers appointed after the cutoff date could claim deemed government servant status and regularisation upon takeover of the school, and whether a mandamus could be issued contrary to the statutory scheme.

Analysis: The statutory scheme under Sections 3(2) and 3(4) made takeover of aided schools operative only after the committee's recommendation was accepted by the Government. Until that stage, the takeover was not complete and Section 4 operated only in respect of employees who were qualified and working before takeover. The Government's order under Section 8 also excluded untrained teachers appointed after 1.1.1971 from being taken over. In such a situation, a writ of mandamus could not be issued to compel the State to act against the statute.

Conclusion: The claim to be deemed Government servants from 1.1.1971 was rejected, and the direction for regularisation was unsustainable.

Final Conclusion: The appeal succeeded, the High Court's order was set aside, and the writ petition was dismissed.

Ratio Decidendi: Where a statutory takeover becomes effective only upon completion of the prescribed recommendation and acceptance process, employees excluded by that scheme cannot claim takeover status or regularisation, and no mandamus can compel action contrary to the statute.

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