Guest Teachers are entitled to the same grace marks as contractual teachers in recruitment processes, affirming equal treatment under the law.

JUDGMENT :

Anjani Kumar Sharan, J.

Heard learned counsel for the petitioners, learned counsel for the State and learned counsel for the B.P.S.C.

2. Having heard learned counsel for the parties and for the reasons stated in this interlocutory application, this I.A. No. 01/2024 is allowed and the reliefs prayed in this interlocutory application shall also be treated as a part of the relief prayed in the main writ application.

3. That the present writ application is being filed on behalf of the petitioners for the following relief(s):-

“(i) For issuance of a writ in the nature of mandamus directing/commanding the respondents/authorities concerned to grant (5 marks per year and maximum 25 marks) of preference/weightage in the Advertisement No. 27/2023 dated 04.11.2023 (Annexure -P/3) published by the Bihar Public Service Commission (hereinafter referred to as the 'BPSC' (respondent no.5) and upcoming Teacher recruitment examinations to the 'Guest Teacher who has appointed through Resolution issued vide Memo No.51 dated 25.1.2018 (Annexure-1 to this writ application) issued by the then Secretary, Education Department, Government of Bihar, Patna under the order of Hon'ble Governor of Bihar.

(ii) For issuance of writ in the nature of mandamus a directing/commanding the respondents/authorities concerned to follow the Rule no. 6 (Merit List) of the Advertisement No. 27/2023 (Annexure -P/3) published by the BPSC (respondent no.5) for the appointment as the 'School Teacher' by which (5 marks per year and maximum 25 marks) of preference/weightage given to the employed Teacher on contract basis in Backward Class and Extreme Backward Class Welfare Department but the respondents concerned have not given 5 marks preference/weightage to the petitioners who are Guest Teacher.

(iii) Further for issuance of writ in the nature of mandamus directing/ commanding the BPSC (respondent no.5) to publish supplementary result in favour of the Guest Teacher who are working since 5 and half years.

(iv) Further for issuance of writ in the nature of mandamus directing/ commanding the respondents to regularize the service of the petitioners according to the 'Bihar District Board Secondary and Senior Secondary Teachers' (Employment and Service Condition) Rule, 2006' and 'Bihar Municipal/Local Bodies Secondary and Senior Secondary Teachers' (Employment and Service Condition) Rule, 2006' and not to disturb the service of the petitioners till the age of 60 years i.e. age of retirement like other teachers of the secondary/primary schools of the Government of Bihar and pay the remuneration/salary accordingly.

(v) Further for direction to the respondents concerned not to take steps with respect the petitioners to terminate them from their job.

(vi) Further for direction to the respondents concerned not to make any employment/selection/appointment in place of the petitioners.

(vii) The interlocutory application no.1 of 2024 is filed on behalf of the petitioner for granting stay on Advertisement no. 22/2024 dated 07.02.2024 (TRE-3), published by B.P S.C. and to grant (5 marks per year to maximum 25 marks) of preference/weightage in the Advertisement no. 22/2024 dated 07.02.2024 (Annexure-P/6) for the guest teachers.

(viii) For any other relief/reliefs for which the petitioners are entitled to in accordance with law.”

4. The fact of the present case, in short, is that the petitioners are working as ‘Guest Teachers’ in different subjects in different schools of different districts of Bihar and they are residing in the State of Bihar. The Education Department, Government of Bihar, came with a Resolution vide Letter No.9/Bi.Vi.Pa.Sa-09/2015 issued vide Memo No.51 dated 25.01.2018 to appoint/employ 4257 vacant posts of 'Guest Teachers' in different subjects i.e. English, Mathematics, Physics, Chemistry, Zoology and Botany on remuneration @ Rs.1000/- per day maximum Rs.25000/- in a month, in Upgraded Secondary Schools situated in Zila Parishad and Nagar Nikay of the State under Governme