ORAL JUDGMENT

Date : 08-04-2024 Heard learned counsels for the parties.

2. The petitioners have prayed for following relief(s):

I) To issue an appropriate writ/writs, order/or- ders, direction/directions in the nature of cer- tiorari for quashing the order contained vide Memo No. 1679 dated 20.11.2018 (Annexure-9) passed by the respondent no.2 whereby and whereunder claim of the petitioners for contin- uing/regularizing their service as Assistant Teachers in their respective school and for en- hancing the wages of the petitioners has been refused without considering that petitioners have all the required qualification and they are discharging their duties as Teachers in (+2) High School Teacher in their respective schools since their date of joining in view of letter No.

1058 dated 17.06.2010.

II) For any other relief/reliefs for which the pe- titioners are found entitled in the facts and cir-

cumstances of the case.

3. Learned counsel for the petitioners submits that the Di-

rector, Secondary Education, Government of Bihar, Patna vide letter No. 1058 dated 17.06.2010 issued direction to all the Dis- trict Education Officers to appoint the post graduate teachers and unemployed youths on contract basis in newly upgraded Higher Secondary School for imparting education up to 12 level. The Management Committee of the concerned schools unanimously decided to appoint the petitioners as teachers in different schools in the District of Gopalganj in view of the di- rection and order contained in letter No. 1058 dated 17.06.2010. The committee further decided to pay Rs. 150/- per day to the petitioners from the development fund of the institution. Pur- suant to the aforesaid, appointment letters were issued and thereafter all the petitioners joined their respective schools. 4. It is further submitted that the petitioners represented before the District Education Officer, Gopalganj for regulariza- tion and enhancement of wages as they have been working as daily wager teachers since their date of joining in their respec- tive schools but neither they have treated as regular teacher by the authorities nor their wages has been enhanced.

5. Being aggrieved, the petitioners filed different writ pe-

titions mentioned in para 13 of the writ petition. The said writ writ applications were heard and disposed of with a direction to the petitioners to file representation before the Director, Sec- ondary Education, Government of Bihar, Patna (respondent no.2) for redressal of their grievances, who shall examine and pass an appropriate order in accordance with law. Pursuant to liberty granted by this Court, the petitioners filed representation along with the aforesaid orders of this Court before the respon- dent no.2, but the same was not considered properly by the re- spondent no.2 and he has passed the Memo No. 1679 dated

20.11.2018 rejecting the claim of the petitioners.

6. Learned counsel for the respondent nos. 1 & 2 have filed a counter-affidavit stating therein that from the impugned order, it is quite clear that the petitioners were engaged on con- tract basis by the Managing Committee of the concerned school as stop gap arrangement till the duly appointed teachers are be- ing posted in the schools and, therefore, after posting of re- cruited teachers, the petitioners were restrained from engaging classes and hence, the petitioners had got no locus standi to challenge the same. It is further submitted that the petitioners have not been appointed through proper procedure of selection, whereas the appointment of the newly recruited teachers are be- ing made under relevant provisions by following the procedures of appointment. Accordingly, the representation of the petition- ers was rejected with a conclusive findings that the claim of the petitioners is not admissible in the eyes of law.

7. It is further submitted that somewhat similar relief was sought for by the Guest Teacher in CWJC No. 8563 of 2022, but a Division Bench of this Court was pleased to di