RABINDRA NATH PANDEY S/O RAMSAKAL PANDEY & ORS. ETC. ETC. Vs. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, DEPARTMENT OF HUMAN RESOURCES, GOVERNMENT OF BIHAR, PATNA & ORS. ETC. ETC.

JUDGEMENT

(1.) Petitioners of all these six writ applications are at present working as Cluster Resources Centres Coordinators (CRCC) or Block Resources Persons (BRP) at Block Resources Centres (BRC) in different districts of the State. These Centres have been set up in different districts under a policy decision of the Bihar Education Project Council created for overall development of education in the State at primary level. Although they are working in different districts but their grievance is common. Hence, all the writ applications have been clubbed together for common hearing and disposal.

(2.) Grievance of the petitioners is in respect of some of the clauses of letter no. 8261 dated 21.11.2011 issued under the signature of State Project Director, as contained in Annexure-1, by which some amendments have been introduced in letter no. PFE/966 dated 22.2.2007 issued in respect of selection of BRPs and CRCCs, as contained in Annexure-2. Clauses with which they are aggrieved are: (i) the age limit of 50 years being introduced in the eligibility clause for selection, and (ii) a bar for the working hands to be selected this time again being introduced in essential conditions.

(3.) Argument of learned counsel for the petitioners of the first case, which was adopted by other counsels for the petitioners of all other cases, was that in the earlier letter dated 22.2.2007 (Annexure-2) age limit for selection was 55 years which has now been reduced to 50 years by the impugned amendment and that there was no restriction of re-selection of working BRPs and CRCCs. Also submission was that in the earlier letter there was no tenure prescribed for such selected BRPs and CRCCs whereas by amendment tenure of three years has been introduced. His submission was that the whole purpose of selection of BRP or CRPP was to improve the quality of teaching in the Schools under the area of operation of Centres. Hence, by letter dated 22.2.2007 age limit of 55 years was prescribed so that experienced hands may be entrusted with the responsibility to see improvement in quality of teaching in the Schools within the area. He submitted that after the selection BRPs and CRCCs were to attend training and with their knowledge and experience in the training they were required to improve the quality of teaching rendered by the teachers of the respective Schools by arranging workshops at the Centres and by supervising actual functioning of the teachers in the classes and advising and guiding them in respect of method of imparting teaching. Hence, experienced hand with age was more desirable and suitable for being continued with the responsibility than restraining them from being re-selected. He submitted that the selection of BRPs and CRCCs were to be made from amongst teachers themselves. Therefore, it were the teacher, who performed well in discharging his responsibilities, was always likely to be selected by the teachers. But by putting a ban on their selection for the second consecutive term, the respondents were actually compromising with the interest of the students and teaching quality in the School. He submitted that in public interest and in the interest of teaching in the respective schools, it was always beneficialthat the working experienced hands are selected and are continued as BRP and CRCC instead of compelling for selection of younger persons with no experience. He submitted that if this was allowed to be done, the very object of the education policy would stand frustrated. He also submitted that in fact the amendments infringes the rights of the suitable and experienced candidates for being considered for selection, which is violative of their rights guaranteed under Articles 14 and 16 of the Constitution of India. Hence, he submitted that the said amendments are arbitrary, unconstitutional, violative of Articles 14 and 16 of the Constitution of India and are fit to be held ultra vires.