AWADHESH KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) PETITIONERS in both these petitions are elementary school teachers appointed on consolidated pay under the Bihar Panchayat Elementary Teachers (Employment and Service Condition ) Rules, 2006 (hereinafter referred to as the Rules). The petitioners have challenged the validity of Rule 12(iii) of the Rules. The said Rule 12(iii) of the Rules has since been amended by Rule 2 of the Bihar Panchayat Elementary Teachers (Employment and Service Condition) Rules, 2009. The said Rule 12(iii) as it stood then provided for the efficiency bar in respect of the trained and untrained teachers appointed under the Rules. The impugned Rule 12(iii) of 2006 Rules reads as follows:- ...[VERNACULAR TEXT OMMITED]...

(2.) THE constitutional validity of the said Rule 12(iii) and its amendment under the amendment Rules of 2009 has been examined and upheld by this Court in the matter of Dr. Sushil Kumar & Ors. versus THE State of Bihar & Ors. [2010(1) PLJR 277]. In our view the impugned Rule 12(iii) having been held intra vires, the challenge in the present case deserves to be rejected. For the reasons aforesaid, these petitions are dismissed. THE parties will bear their own costs.