RAJIW KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is a review petition preferred by the petitioner seeking review of an order passed by the Court in two writ petitions decided together namely Suresh Ram Vrs. The State of Bihar and Sunita Kumari Vrs. The State of Bihar.

(2.) The petitioner has preferred this review petition as his writ petition was disposed of in terms of the judgment passed in Suresh Ram Case. Since he was not a party in the case of Suresh Ram Vrs. The State of Bihar or Sunita Kumari Vrs. The State of Bihar and others, learned counsel submits that he has availed remedy of filing of the present review petition.

(3.) On merits, learned counsel for the petitioner has submitted that this court erroneously held that the Bihar State Teaching Institutions Teachers and Employees (Disputes Redressal and Appeal) Rules, 2020 would have application to the teachers who are appointed on regular basis under the Rules of 2011, which have been framed under provision of Article 309 of the Constitution. Learned counsel submits that there are teachers who are appointed by the Panchayat, by the Nagar Parishad as well as by the Municipality, who are working in schools. Apart from such teachers, there are another set of teachers, who are working in nationalized schools namely those schools which have been taken over by the government and was earlier with the charitable society or with private organization. Such teachers working with the nationalized schools are separate class. There are third set of teachers who are working in the schools and their selection and procedure of appointment and promotion is governed by the rules framed under provision of Article 309 of the Constitution namely the rules of 2011. These teachers have a separate rules for promotion. If they are aggrieved of their non promotion they are entitled to prefer an appeal as provided under rules Rules of 2011 to the Regional Deputy Director.