Rajeev Ranjan Prasad, J. – This batch of writ applications have been preferred by the Assistant Teachers of Biology and Mathematics serving in the different high schools in the State of Bihar pursuant to their appointment vide memo no.438 and memo no.439 dated 22.06.2013 respectively. A copy of the consolidated appointment letters have been brought on record as Annexure-11 and 11/1 to the writ applications.

2. The petitioners are aggrieved with Rule 5 and 11 of the “Bihar Nationalized Secondary School Teacher’s Special Appointment Rule 2013” (hereinafter referred to as the Rules, 2013) published vide notification contained in memo no.850 dated 31.05.2013 (Annexure-10 to the writ application) issued under the signature of the Principal Secretary, Department of Education, Government of Bihar. It is their contention that the given paragraphs are violative of Article 14 and 16 of the Constitution of India as also those are in the teeth of the judgment of the Hon’ble Supreme Court in the case of A.A. Calton vs. Director of Education reported in AIR 1983 SC 1143. The petitioners are seeking quashing of those two paragraphs of the notification as contained in Annexure-10 to the writ applications and upon holding these two Rules of the Rules, 2013 arbitrary and bad in law a further mandamus has been prayed for directing the respondents to grant seniority, salary and all other benefits to the petitioners counting their services from 08.10.1998 and 21.05.1999 as Assistant Teachers of Biology and Mathematics respectively. It is their contention that they have been selected pursuant to the advertisement no.1/88 and 1/95 and therefore they should be treated at par with the other appointees who have been appointed as Assistant Teachers in different subjects in the year 1997. The petitioners claim that the Vidyalaya Seva Board had sent a list of selected candidates for appointment on the post of Assistant Teachers of Biology on 08.10.1998 and on the post of Assistant Teachers in Mathematics on 21.05.1999, therefore they are entitled to be treated at par with the appointees from the same advertisement.

3. In order to appreciate the case of the petitioners, it would be just and proper to take note of the two Rules of the Rules, 2013 (Annexure-10) which are impugned in the present writ applications. The relevant Rule 5 and 11 read as under: –

“5. Appointment to Post. – The candidates shall be appointed against newly sanctioned posts from the date of issue of appointment letter.

11. Service Condition. – The Pay-Scale of teacher appointment under these rules shall same as prescribed for the teachers for the Nationalized Secondary School appointed in regular scale. But for the purpose of pension, the contributory pension scheme 2005 shall be applicable to all the teachers appointed under these rules. The newly created posts will cease to exist after falling vacant due to retirement of incumbent or any other reason.”

4. Mr. P. K. Shahi, learned senior advocate assisted by Sri Shahi Bhushan Singh and Gyan Abhinav, learned advocates, while pleading the case of the petitioners, submits that the petitioners are seeking their right by virtue of their appointments made pursuant to the advertisement of 1988 and 1995. It is pointed out that pursuant to the instructions received from the Director-cum-Secretary, Secondary Education Department, Government of Bihar vide his letter no.6800 dated 09.03.1988 for the purpose of preparing a panel of Assistant Teachers including in the subject of Biology and Mathematics in different high schools in the State of Bihar, an advertisement was published in daily newspaper ‘Aaj’ in August, 1988 by Bihar School Examination Board, Patna. Interview letters were issued, the petitioners participated in the interview and thereafter the result of successful candidates was published and a panel was prepared accordingly. As regards the panel prepared for the subject of Biology and Mathematics a vigilance enquiry was set up and thereaf