STATE OF BIHAR Vs. SHYAMA NANDAN MISHRA

JUDGEMENT

(1.) Heard Mr. P.S. Patwalia, learned Senior Counsel appearing for the appellants. Also, heard Mr. Vinay Navare and Mr. V.N. Sinha, learned Senior Counsels appearing for the contesting respondents. The Intervener is represented by Mr. Vijay Hansaria, learned Senior Counsel.

(2.) The challenge here is to the judgment and order dtd. 30/4/2013 in CWJC Case No. 18793 of 2008 and analogous cases whereby the Division Bench of the High Court at Patna, granted relief to the writ petitioners and declared that the +2 lecturers, both in the Government and the nationalized (taken over) secondary schools, appointed pursuant to Advertisement No.1/87, have always been part of the Bihar Subordinate Education Service(for short BSES)and thereby, they are entitled to be merged with the Bihar Education Service Class II (for short BES), pursuant to the Government decision dtd. 7/7/2006. The Court also interfered with the impugned notification dtd. 23/6/2009, which provided for the encadrement of the +2 lecturers with the teachers in the nationalized secondary schools, which was found to be in contravention of Article 790 of the Bihar Education Code and also contrary to the Governments decision dtd. 7/7/2006 and the Advertisement No. 1/87. Thus, the impugned order dtd. 6/10/2006 and the notification dtd. 23/6/2009 were quashed and set aside.

(3.) At the outset, it is imperative to take note of the relevant background and the previous litigation rounds which led to the present proceedings.