SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2021 Supreme(Pat) 1127

IN THE HIGH COURT OF JUDICATURE AT PATNA
CHAKRADHARI SHARAN SINGH, J.
CWJC No. 3846, 10679 of 2017 with 718 of 2019
(1.10.2021)
Shyamanand Azad & Ors. (in 3846)
Sanjeev Kumar & Anr. (in 10679)
Sanjay Kumar & Ors. (in 718) ... Petitioners
vs.
State of Bihar & Ors. ... Respondents
(in all)

Advocates:
For the Petitioners: M/s P.K. Shahi Sr. Adv., Sanjeev Kumar(in 3846); Mr.Siya Ram Shahi (in 10679); Mr. Prabhakar Singh (in 718).
For the Respondents: M/s Subhash Chandra Mishra (in 3846); Kameshwar Kumar (in 10679); Mrs.Shilpa Singh(in 718).
For the Intervenor : M/s Mrigank Mauli, Sr. Adv., Prince Kumar Mishra, Sanket, Shashi Bhushan Singh (in 3846).
For the B.P.S.C. : Mr.Sanjay Pandey (in 3846).
For the NCTE : Mr.Sunil Kumar Singh(in 10679).

Headnote:

Constitution of India – Article 309, Proviso – Statutory rules framed, dominate in determining process of selection, condition of service, classification and control – Proviso to Article 309 of Constitution of India empowers State to make rules regulating recruitment, conditions of service of persons appointed to such service – Rules framed in exercise of power under proviso to Article 309 of Constitution have force of law – Though service of a person in a Government establishment begins with something akin to contract but once appointed to a post under Government service, he acquires a status – A statute or statutory rules which may be framed in relation to such service would, determine his rights and obligations – Legal position of a Government servant is more of a status than of contract – Terms of his service are governed by statutory rules which may even be unilaterally altered by Government. (Para 20)

Bihar Education Service Rules, 2014 – Rule 27 – Rejection of representations for regularization/absorption of services in Research and Training sub-cadre in Bihar Education Service – Petitioners were appointed as Assistant Teachers on different dates and in different years in different Government Primary and Secondary Schools – They held Postgraduate qualification of M.Ed. or M.A. in Education, which according to them, is equivalent to M.Ed. – Petitioners were admittedly working against post of Lecturers in different district institute of Education and Training (DIET) and other Teacher Education Colleges on posting on deputation basis – Petitioners were posted on deputation basis through a process of empanelment of such persons already in service, who held requisite qualification and were willing for such deputation – Persons working on deputation basis shall be reverted back to their own cadre – It is mandate of statutory rule that requires repatriation of persons who were working on deputation basis – Rule making authority was conscious of factual position that there were persons working on deputation basis against different posts falling in Research and Training sub-cadre under the Rules and it was intentionally decided to repatriate them back to their own parent cadre – On one hand some of petitioners were admittedly participating in process of selection conducted by Bihar Public Service Commission in accordance with provisions under Rule 28 of Rules; suppressing this fact they approached this Court by filing these applications and challenged process of selection itself – On one hand, they wanted benefit of their presence on deputation against posts in question in order to claim their absorption/regularization and challenged process of selection through direct recruitment/limited competitive examination conducted by Commission; on other hand, at the same time, they participated in same process of selection – Some of them got selected – Petitioners obtained interim order from this Court by misrepresentation and suppression of material facts – There is no infirmity in impugned order passed by Principal Secretary, Department of Education, Government of Bihar rejecting claim of petitioners for their regularization/absorption in Research and Training sub-cadre of Bihar Education Service – Writ Applications dismissed. (Paras 5, 8, 22 to 26)

Chakradhari Sharan Singh, J.—Heard learned counsel for the parties.

2. The petitioners have filed these writ applications challenging an order of the Principal Secretary, Education Department, Government of Bihar issued vide Memo. No. 465 dated 22.11.2016 whereby their representations for regularization/absorption of their services in the Research and Training sub-cadre in the Bihar Education Service has been rejected. They want this Court to hold that they are entitled by way of right to be included permanently in the said sub-cadre of Research and Training in Bihar Education Service, on the post of Lecturer/Teaching Educators, as they had been earlier declared successful by a selection committee after a series of tests pursuant to an advertisement dated 17.05.2012 for the posts in question.

3. As material facts in these applications are parallel and they involve common issues, they have been heard together and are being disposed of by the present common judgment and order.

4. There are 102 petitioners in C.W.J.C. No.3846 of 2017, two in C.W.J.C. No. 10679 of 2017 and five in C.W.J.C. No. 718 of 2019.

5. Briefly stated, admitted facts, as has emerged from the pleadings and other materials on record are that the petitioners were appointed as Assistant Teachers on different dates and in different years in different Government Primary and Secondary Schools. They held Postgraduate qualification of M.Ed. or M.A. in Education, which according to them, is equivalent to M.Ed. The Research and Training Directorate of Education Department, Government of Bihar had come out with a notice for preparation of a panel for posting, in various District Institutes of Education and Training (DIET), Teachers Training Colleges and Primary Teachers Training Colleges, as Principals and Lecturers. For the said purpose, applications were invited from the members of the Bihar Education Service, (Administrative Cadre), Subordinate Education Service Cadre and other Officers and Teachers working in Government Primary, Secondary and Higher Secondary Schools. The said notice prescribed qualification for the aspirants willing to be empanelled in the light of the said notice. It was clarified by way of a note at the bottom of the said notice that the applications were being invited only for the purpose of empanelment of the officers and teachers having requisite qualification which did not mean that the applicants shall be posted in Training Colleges. The petitioners submitted their applications for empanelment. 294 applicants including these petitioners were shortlisted. Thereafter, the Director (Research and Training) Department of Education requested the Director, Primary Education to handover the services of the Teachers so empanelled to the Research and Training Directorate. The shortlisted candidates were made to participate in a workshop of Development Needs Analysis (hereinafter referred to as ‘the D.N.A. Test’) for selection from the shortlisted candidates for deputation in the college of Teacher Education, District Institute of Teachers Education and Primary Teachers Education Colleges. The workshop for D.N.A. was organized in two stages. The petitioners were relieved to participate for the said D.N.A. Test. A total number of 170 eligible candidates were declared successful, including these petitioners and were thus empanelled. Thereafter, the Education Department, Government of Bihar issued a letter dated 05.06.2013 addressed to all the aspirants to the effect that a total of 170 Teachers had been identified for posting on the basis of deputation in Education Training Colleges. The candidates so identified were allowed to exercise three options for their posting against vacant posts, on the departmental website or by hand, within seven days. The petitioners exercised their options and accordingly a total number of 150 candidates were posted as lecturers on deputation basis in different District Education and Training Institutes and Primary Teachers Edu

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top