S.ALI AHMAD, U.P.SINGH, G.C.BHARUKA
Ram Odar Jha , Ram Krishna Singh, Lalita Prasad Pandey And Hari Tiwari – Appellant
Versus
State Of Bihar – Respondent
S.Ali Ahmad, U.P.Singh and G.C.Bharuka JJ.
1. These four writ applications have been heard together and are being disposed of by this common judgment.
2. Irrespective of the prayers made in the applications, the only question that has been agitated in support of the applications is that the Bihar Rationalised High Schools Service Condition Rules, 1983 (for short the Rules) is ultra vires to the provision of the Bihar Non-Government Secondary Schools (Taking over of Management and Control) Act (for short the Act) as the same were not placed before the two Houses of the Legislature for fourteen days continuously as required under Sec. 15 (2) of the Act.
3. The vires of the Rules came under attack before a Division Bench of this Court in the case of Mateshwar Singh and Ors. V/s. The State of Bihar 1985 PLJR 416. It appears that the accepted position before the Division Bench was that the Rules were laid before the Legislative Assembly for a few days but it was never laid before the Legislative Council. It was thus accepted that the provisions as envisaged under Sec. 15 (2) of the Act regarding laying of the Rules in the two Houses of Legislature were not complied with. The Rul
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