JUDGMENT :

Hrishikesh Roy, J.

1. Heard Mr. P.S. Patwalia, learned Senior Counsel appearing for the appellants. Also, heard Mr. Vinay Navare and Mr. V.N. Sinha, learned Senior Counsels appearing for the contesting respondents. The Intervener is represented by Mr. Vijay Hansaria, learned Senior Counsel.

2. The challenge here is to the judgment and order dated 30.4.2013 in CWJC Case No. 18793 of 2008 and analogous cases whereby the Division Bench of the High Court at Patna, granted relief to the writ petitioners and declared that the +2 lecturers, both in the Government and the nationalized (taken over) secondary schools, appointed pursuant to Advertisement No.1/87, have always been part of the Bihar Subordinate Education Service(for short “BSES”)and thereby, they are entitled to be merged with the Bihar Education Service Class II (for short “BES”), pursuant to the Government decision dated 07.07.2006. The Court also interfered with the impugned notification dated 23.6.2009, which provided for the encadrement of the +2 lecturers with the teachers in the nationalized secondary schools, which was found to be in contravention of Article 790 of the Bihar Education Code and also contrary to t