The court affirmed that teachers on deputation cannot claim regularization in the Research and Training cadre under the Bihar Education Service Rules, 2014, as they were not appointed in the sub-cadre.

JUDGMENT :

(Vipul M. Pancholi, J.)

The present appeals have been filed under Clause 10 of the Letters Patent of the Patna High Court Rules against common oral judgment dated 01.10.2021 passed in C.W.J.C. No. 3846 of 2017 and other analogous matters rendered by the learned Single Judge, whereby the learned Single Judge has dismissed the writ petitions filed by the present appellants/original petitioners.

2. As the issue involved in all these appeals is common, learned counsels appearing for the parties jointly requested that all these appeals be heard together and be disposed of at the admission stage itself.

3. The factual matrix of the present case is as under: -

3.1. It is the case of the appellants/original petitioners that they were appointed as Assistant Teachers on different dates and in different years in different Government Primary and Secondary Schools. They possess the requisite qualifications for the said post. 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.

3.2. It is the case of the appellants/original petitioners that their applications for empanellment of 294 applicants including these petitioners were shortlisted.

3.3. It is further stated that 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. Further, the shortlisted candidates were made to participate in a workshop of Development Needs Analysis (‘DNA’) for selection from the shortlisted candidates for deputation in various institutions. Thereafter the workshop of DNA was organized in two stages. The petitioners were relieved to participate in the said DNA and ultimately 170 eligible candidates were declared successful including the petitioners.

3.4. Thereafter, the Education Department, Government of Bihar, issued a letter on 05.06.2013 addressed to all the aspirants to the effect that a total of 170 Teachers had been identified for posting on deputation in Education Training Colleges. Such candidates were allowed to exercise three options for their posting against vacant posts. The case of the petitioners is that they also exercised their options and ultimately a total number of 150 candidates were posted as Lecturers on deputation basis in different District Education and Training Institutes and Primary Teachers Education College for a period of one year by an Office Order dated 23.07.2013. At this stage, it is pertinent to note that in the said letter it was specifically mentioned that selected candidates were being posted on deputation basis and the decision to extend the period of deputation shall depend upon the satisfactory service of the deputed teachers.

3.5. Thereafter, the Bihar Education Service Rules, 2014 (hereinafter referred to as ‘the Rules of 2014’) were framed in exercise of the powers conferred by the proviso to Article 309 of the Constitution of India came to be notified by the Education Department, Government of Bihar, vide Notification No. 698 dated 12.02.2014. The Rules stipulated that the Bihar Education Service shall have four sub-cadres namely (i) Administration Sub-Cadre, (ii) Training Sub-Cadre, (iii) Research and Training Sub-Cadre and (iv) An Isolated Sub-Cadre.

3.6. It is the case of the appellants/original petitioners that even after framing of the Rules of 201