DHARMENDRA BRAHMCHARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This petition under Article 226 of the Constitution is filed by the Assistant Teachers employed in Non Government High Schools taken over by the State of Bihar under the provisions contained in the Bihar Non-Government Secondary School (Taking Over of Control and Management) Act, 1981 (hereinafter referred to as 'the 1981 Act').

(2.) The Petitioners (5 in number) have challenged the constitutional validity of Rules 4 (Ka) (1) and 7 (1) (Ka) (2) of the Bihar Nationalized Secondary Schools (Service Conditions) Rules, 1983 (hereinafter referred to as 'the 1983 Rules') as amended by the Bihar Nationalized Secondary School (Service Conditions) Amendment Rules, 2005 (hereinafter referred to as "the 2005 Rules" or as "the 2005 amendment").

(3.) At the outset we may note that the Petitioners have averred that they have filed this petition in representative capacity. Nevertheless, neither the Petitioners have sought permission of the Court to file petition in representative capacity; nor such permission has been granted by the Court; nor the procedure envisaged by Order 1 Rule 8 of the Code of Civil Procedure has been followed. This petition is, therefore, essentially filed by the Petitioners to pursue their individual interest and is treated as such.