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2018 Supreme(Pat) 1836

RAJENDRA MENON, RAJEEV RANJAN PRASAD
Kanhaiya Singh – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
M/s P.K. Shahi, Shashi Bhushan Singh, Gyan Abhinav (in 19622); M/s Ram Shankar Pradhan, Jainendra Kumar (in 19267); M/s Amit Shrivastava, Rakesh Kumar, Girish Pandey (in 31); M/s Ram Shankar Pradhan, Jainendra Kumar (in 6204); Mr. Shekhar Kumar Singh (in 8410), For the Petitioners; Mrs. Smt. Binita Singh (in 19622); Mr. Lalit Kishore (in 19267, 6204); M/s Kameshwar Kumar, Arbind Kumar (in 31); Mr. Anjani Kumar (in 8410), For the Respondents; M/s Anshuman Singh, Hardayal Kumar (in 19622), For the Intervenor.

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 applic

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