CAV JUDGMENT

Date : 01-02-2024

1. The petitioner, who has been selected by the B.P.S.C.

as a teacher and was issued provisional appointment letter dated 02.11.2023 has approached this Court for quashing the order dated 13.11.2023 as contained in Annexure-1 issued by the District Education Officer, Madhubani whereby provisional appointment letter has been cancelled on the ground that the petitioner formed an association namely, Madhyamik Evam Uchchatar Madhyamik BPSC Adhyapak Sangh and accordingly violated the Bihar Government Servant’s Conduct Rules, 1976 (hereinafter referred to as “Rules, 1976) read with Rule 17 (vii) of the Bihar State School Teacher (Appointment, Transfer, Disciplinary Proceedings and Service Conditions) Rules, 2023 (hereinafter referred to as the “Rules, 2023”).

2. The factual matrix of the case in brief is that pursuant to the advertisement no. 26 / 2023 published by the Bihar Public Service Commission for appointment of teachers in Primary, Secondary and Higher Secondary Schools, the petitioner applied under EBC category. The petitioner participated in the competitive examination and was declared successful and after counselling and verification of documents, provisional appointment letter dated 02.11.2023 as contained in Annexure-6 was issued in her favour.

3. On 11.11.2023 a press communique was issued by the Education Department whereby strict warning was given to the teachers selected by the Bihar Public Service Commission not to form any union(s) / association(s) and not to get the pad of the association printed, failing which, provisional appointment letter would be cancelled. On the same day vide Memo No. 3826 dated 11.11.2023 a show cause notice was issued to the petitioner by the respondent no. 6 in the light of the press communique dated 11.11.2023 stating therein that after being selected in the examination and provisional appointment letter having been issued, the petitioner formed an association namely, Madhyamik Evam Uchchatar Madhyamik BPSC Adhayapak Sangh. As its State President petitioner submitted a letter to the Director, Secondary Education, Bihar Patna and has raised a question mark on the functioning of the Department / Government with an intention to defeat the ambitious policies of the Government. Accordingly, the petitioner was required to submit her explanation within twenty four hours as to why provisional appointment letter of the petitioner be not cancelled.

4. Within twenty four hours on the same day i.e. on

11.11.2023 petitioner gave her reply to the show cause in which she has denied the allegation and has stated that the petitioner is innocent and has neither given any application / memorandum to the Director, Secondary Education nor is the State President of any association. She has further stated that some unknown person has given application on the letter pad by using her name.

5. Learned senior counsel for the petitioner argues that the impugned letter is grossly arbitrary, unreasonable and is against the tenets of the Constitution of India. The impugned letter of the respondent no. 6 is erroneous and is based on assumption only. He further argued that petitioner was only issued provisional appointment letter and from the date of joining in school probation period shall start as per Rule 10 of the Rules, 2023 but without submitting her joining and without being given posting in any school any action taken under the Bihar Service Condition Rules read with Rules, 1976 shall be in violation of the law as the rules would not be made applicable before joining and commencement of probation period. 6. Service Condition Rules and Service Conduct Code are not enforceable against the petitioner without issuance of appointment letter by the Department. The provisional appointment letter cannot be said to be the appointment letter. He also argued that forming an association is not per se illegal and even if it is assumed for the sake of argument that Rule, 1976 is applicable in the ca