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2009 Supreme(Pat) 1435

SHIVA KIRTI SINGH, SHYAM KISHORE SHARMA
Sanjay Kumar Son Of Sri Kameshwar Pathak – Appellant
Versus
State Of Bihar Through Chief Secretary, Bihar – Respondent


JUDGEMENT

1. Heard learned counsel for the petitioners and learned counsel for the State in respect of both the writ petitions which have been heard together on account of both being identical in respect of relevant facts as well as the reliefs claimed.

2. The rules in question in these writ petitions are titled"Bihar Nagar Nikay Madhyamik awam Uchhttar Madhyamik Shiksha (Niyojan awam Seva Sharten) Niyamawali, 2006 and Bihar Zila Parishad Madhyamik awam Uchhttar Madhyamik Shiksha (Niyojan awam Seva Sharten) Niyamawali, 2006" (herein after referred to as "the Recruitment Rules of 2006"). In the writ petitions a challenge has been made to those provisions in Rule 4 of the Recruitment Rules which prescribe minimum eligibility for appointment on the post of teacher as well as on the post of Librarian in the concerned Schools but since the petitioners have applied only for the post of Librarian, hence this Court is confining the issue of validity of only those provisions of the Rules which lay down eligibility criteria for the post of Librarian.

3. Before dealing with the issue of vires the relevant rules and the specific submissions advanced by the parties, the relevant facts may be not










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