PRATIBHA KUMARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner has passed Up-Shastri examination considered equivalent to Intermediate examination. She has filed this petition under Article 226 of the Constitution to challenge the constitutional validity of the Government Notification dated 25th August, 2008 particularly, Rule 4 of the Bihar Panchayat Prathmik Shikshak (Appointment and Service Condition) (Amendment) Rules, 2008, in so far as the qualifications of "Maulvi" and "Up-Shastri" have been excluded from the required qualification for appointment as Panchayat Teacher.

(2.) According to the petitioner the qualification of "Up-Shastri" is considered equivalent to Intermediate examination. Prior to the impugned amendment, the candidates possessing the said qualification were considered eligible for appointment as Panchayat Teacher. By the impugned amendment because of specific exclusion of the said qualifications of "Maulvi" and "Up-Shastri" the petitioner and such others are deprived of the opportunity of appointment as Panchayat Teacher.

(3.) The question of validity of the impugned amendment has been decided by a Bench of this Court in the matter of Parver Alam & Ors. V/s. The State of Bihar & Ors., 2009 2 PLJR 213]. The Bench of this Court has rejected the contention raised by the writ petitioners. It is held "We are of the opinion that the offending rule does not suffer from any arbitrariness or offends any of the constitutional provision and therefore the challenge made to it fails".