LAWS(PAT)-2003-4-96

ARVIND KUMAR Vs. STATE OF BIHAR

Decided On April 17, 2003
ARVIND KUMAR Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) IN all these writ applications, common questions of law and facts arise and as such they are being disposed of together.

(2.) PETITIONERS are untrained teachers and they are aggrieved by the decision of the State Government whereby they have 3een denied the scale of pay of trained eachers and excess payment made to them have been directed to be recovered.

(3.) THE Governor of the State, in exercise of the powers conferred under Article 309 of the Constitution of India framed Bihar Elementary School Appointment Rules, 1991 (hereinafter referred to as the Rules) which paved the way for appointment of untrained persons as teachers. Rule 5 of the said Rule which is relevant for the purpose reads as follows :