RINA KUMARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) By this writ petition, the petitioner challenges the cut off date of 23rd January,2006, as specified in Sub-rule(iii) of Rule 1 of the Bihar Special Primary Teacher Appointment Rules, 2010 framed under Article 309 of the Constitution.

(2.) The case of the petitioner is that earlier for appointment of Primary Teacher, the State Government had framed rules in 2003. The said rules were held to be invalid by this Court, against which the State Government preferred SLP to the Apex Court being SLP(Civil) no. 22882 of 2004. In the year 2006 and to be precise on 23rd January,2006 pursuant to application made by the State Government before the Apex Court, the SLP was disposed of as withdrawn. Thereafter State framed new rules for the said appointment being rules of the year 2006. This led to several persons filing contempt application before the Apex Court being Contempt Application (Civil) No. 297 of 2007.The Apex Court by order dated 12.5.2010 issued a direction that the vacancies advertised and to be filled up by 2003 rules amounting to 34540 Assistant Teachers have to be filled up by trained teachers on one time appointment basis according to seniority. Keeping in view the aforesaid , petitioner submits that State promulgated 2010 Rules as aforesaid but while doing so they have put a cut off date as 23rd January, 2006 and any person having obtained trained teacher's qualification thereafter or those whose results were declared thereafter would be ineligible The submission of the petitioner would be that the selection of this cut off date is fanciful and without any rationale as if it is taken out of hat.

(3.) On the other hand, on behalf of the State learned Counsel submits that this date has been duly selected by the State Government keeping in view the date on which SLP of the State was finally withdrawn by the orders, as recorded by the Apex Court and it isfurther related to two events, which took place. Firstly, immediately upon SLP being withdrawn on 23rd January, 2006, State promulgated 2006 rules , against which several objections were taken and matter is sub-judice before the Apex Court in the contempt matter. With a view to remove obstacle for early implementation of the subsequent direction of the Court, fresh rules have been notified being the 2010 Rules aforesaid but the cut off date has been maintained as 23rd January, 2006. Further it is stated that in 2006 the State Government took a policy decision and framed Bihar Primary Panchayat Teacher (Appointment and Service of Condition) Rules, 2006 whereby Primary Panchayat Teacher posts were created under the local self government to be filled up by the Panchayat and local body. Thus, the vacancy of Assistant Teacher which was earlier notified as 34540 were kept separate and are to be dealt with separately and thus selection of the cut off date as 23rd January, 2006 has a reason and rationale and is as such correct historically considering the facts aforesaid.