ORDER :

I.A. No. 11654 of 2019

This interlocutory application being I.A. No. 11654 of 2019 has been preferred under Section 5 of the Limitation Act for condoning the delay of 55 days in preferring the instant appeal.

2. Considering the sufficient cause as has been referred in the interlocutory application and having no objection on the part of the Respondents, the delay of 55 days in preferring the appeal is hereby condoned.

3. I.A. No. 11654 of 2019 stands allowed.

L.P.A. No. 858 of 2019

4. Heard the parties.

5. The appeal is under clause 10 of the Letters Patent is directed against the impugned judgement dated 16.08.2019 passed by the learned Single Judge of this Court by which the prayer for regularisation of the services of the writ petitioners and in consequence upon to release the regular pay-scale has been denied by dismissing the writ petition.

6. The brief facts of the case as per the pleading made in the writ petition are required to be narrated herein under:

7. The petitioners have preferred the writ petitions for a direction in the nature of mandamus especially to the Jharkhand Education Project Council (Hereinafter to be referred as the “JEPC”) for regularization in service w.e.f. date they have been appointed in accordance with mandate of the Articles 14 and 16 of the Constitution of India and additional prayer has been added in the writ petition for commanding upon the respondents to allow the petitioners to continue on their respective posts on which they are rendering their services with various project continue under JEPC or any other Council if changed later on.

8. Initially the writ petition was filed on behalf of the 84 petitioners but at present only 43 petitioners are working and rest have left the job of the JEPC. The petitioners were earlier appointed by the then Government of Bihar under the Bihar Education Project Council (Hereinafter to be referred as the BEPC) which was created by the then State of Bihar, which is an autonomous Society Registered under the Societies Registration Act, 1860. The general counsel of the then Bihar Education Project Council was headed by the Chief Minister as its President and the other officers of the State are also part of the Council. The BEPC advertised appointment for various posts on 4.8.1995 and 5.11.1995 on the post of Project Officer, Programme Officer, State Resource Person, District Resource persons and Assistant Resources having different pay scales. Pursuant to that, some of the petitioners applied and accordingly, written test was held in the year 1995 followed by the interview and group discussions and thereafter they were appointed on the post as noted above. Again, the BEPC had advertised the advertisement in the month of April, 1997 for appointment in various capacities. Pursuant to that, some of the petitioners also applied and written test was held on 21st July, 1997 on which most of the petitioners have appeared and declared successful. Thereafter the petitioners participated in workshop/discussions/ interview on 19th/20th and 21st of August, 1997 and were offered appointment letters on the terms and conditions depicted therein, and thereafter the petitioners were sent for training after completion of 10 days orientation training as per the offer letters which were issued with the appointment letters as contained in annexure-7 to the writ petition. In the appointment letter it is specifically stated that the petitioners were initially appointed for one year on contract basis in the meantime, Bihar Shiksha Pariyojna Parishad (Herein after to be referred as the “Parishad”) was created and with due consent of the then Government of Bihar, the petitioners were brought under the Parishad, and after creation of State of Jharkhand, the petitioners have continued to render their services in different districts in the State of Jharkhand. State of Jharkhand has constituted Jharkhand Shiksha Pariyojna Parishad on 12th April, 2001 and the said Parishad has been registere