RAM ODAR JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THESE four writ applications have been heard together and are being disposed of by this common judgment.

(2.) IRRESPECTIVE of the prayers made in the applications, the only question that has been agitated in support of the applications is that the Bihar Rationalised High Schools Service Condition Rules, 1983 (for short the Rules) is ultra vires to the provision of the Bihar Non -Government Secondary Schools (Taking over of Management and Control) Act (for short the Act) as the same were not placed before the two Houses of the Legislature for fourteen days continuously as required under Sec. 15 (2) of the Act.

(3.) THE vires of the Rules came under attack before a Division Bench of this Court in the case of Mateshwar Singh and Ors. V/s. The State of Bihar 1985 PLJR 416. It appears that the accepted position before the Division Bench was that the Rules were laid before the Legislative Assembly for a few days but it was never laid before the Legislative Council. It was thus accepted that the provisions as envisaged under Sec. 15 (2) of the Act regarding laying of the Rules in the two Houses of Legislature were not complied with. The Rules, however, were held to be valid by the Bench in the aforesaid case on the ground that the State, besides Sec. 15 of the Act, had jurisdiction to determine the service condition of teachers and it was in exercise of this power that the Rules were framed. C.W.J.C. No. 1138 of 1988 was taken up for hearing by a Division Bench consisting of U.P. Singh and B. Prasad, JJ. The learned Judges constituting the Bench doubted the view taken in the case of Mateshwar Singh (supra) that the rules were framed under Sec. 9 of the Act and as such, it was not necessary to lay the same before the two Houses of Legislature.