JUDGMENT :

1. This is a review petition preferred by the petitioner seeking review of an order passed by the Court in two writ petitions decided together namely Suresh Ram Vrs. The State of Bihar and Sunita Kumari Vrs. The State of Bihar.

2. The petitioner has preferred this review petition as his writ petition was disposed of in terms of the judgment passed in Suresh Ram Case. Since he was not a party in the case of Suresh Ram Vrs. The State of Bihar or Sunita Kumari Vrs. The State of Bihar and others, learned counsel submits that he has availed remedy of filing of the present review petition.

3. On merits, learned counsel for the petitioner has submitted that this court erroneously held that the Bihar State Teaching Institutions Teachers and Employees (Disputes Redressal and Appeal) Rules, 2020 would have application to the teachers who are appointed on regular basis under the Rules of 2011, which have been framed under provision of Article 309 of the Constitution. Learned counsel submits that there are teachers who are appointed by the Panchayat, by the Nagar Parishad as well as by the Municipality, who are working in schools. Apart from such teachers, there are another set of teachers, who are working in nationalized schools namely those schools which have been taken over by the government and was earlier with the charitable society or with private organization. Such teachers working with the nationalized schools are separate class. There are third set of teachers who are working in the schools and their selection and procedure of appointment and promotion is governed by the rules framed under provision of Article 309 of the Constitution namely the rules of 2011. These teachers have a separate rules for promotion. If they are aggrieved of their non promotion they are entitled to prefer an appeal as provided under rules of 2011 to the Regional Deputy Director.

4. Learned counsel submits that the appointment of teachers to Panchayat and Nagar Parishad and to the Municipality are governed by separate set of rules. Bihar State Teaching Institutions Teachers and Employees (Disputes Redressal and Appeal) Rules, 2020 would govern the teachers who are recruited in the panchayat Rajya Institution and Zila Parishad as well as Municipal body and would also take into ambit teachers working in the nationalized schools, it would not extend to the teachers who have been appointed by the rules of 2011. The counsel is taken pains to take this court to the method and manner in which the said teachers are appointed under the various rules of appointment and conditions of service applicable to them. It is submitted that before coming into force of rules of 2020 the rules of 2015 was in force and the regular teachers do not have the remedy of taking an appeal before the District Appellate Authority or the State Appellate Authority. This court has committed an error of fact while extending the scope of rules of 2020 to even those teachers who are regularly appointed. Learned counsel has submitted that the regularly appointed teachers namely government primary and middle schools were mostly appointed under the Bihar Primary Appointment Rules 1991. Their service conditions were governed by the Bihar Rajkiyekrit Primary School Teachers Promotion Rules 1993 and later on the said rule was substituted by 2011 promotion rules and then by 2018 promotion rules. The promotion rules of 2018 also provide for an appellate forum and therefore this court could not have extended the appellate forum of District Appellate Authority and State Appellate Authority to such teachers.

5. Learned counsel has further taken this court to the history relating to the formation of the District Appellate Authority right from the year 2008 to point out that the District Appellate Authority was initially for formed only for the purpose of the redressal of grievances and disputes relating to teachers who are appointed in panchayat, Zila Parishad and by municipal body. Learned counse