MADAN MOHAN LAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both these writ applications are taken up together for disposal as the facts and issues are common. The petitioners of C.W.J.C. No. 869 of 2013 and those of C.W.J.C. No. 1868 of 2013 are teachers in Elementary Schools at Gaya and Muzaffarpur district respectively. The writ petitioners were promoted as Graduate trained teachers w.e.f. 12.11.2012. They seek shifting of their date of promotion as Graduate trained teachers to 31.12.2011 from 12.11.2012 and quashing of part of Memo No. 009/92 dated 11.12.2012 issued under the signature of the Director, Primary Education to the extent it is in conflict with Government Notification dated 15.10.2012 (Annexure-6 to C.W.J.C. No. 869 of 2013) issued by the Joint Secretary, Education Department by the order of Governor of Bihar.

(2.) The last relief is founded on the ground that memo dated 11.12.2012 of Director, Primary Education infracts Rule 10 of the Bihar Nationalized Elementary Schools Teachers Promotion Rules, 2011 (hereinafter referred to as 'the Promotion Rules, 2011") as well as Government Notification dated 15.10.2012 issued by the order of Governor of Bihar.

(3.) Elaborating their stand, the petitioners state that the Government Notification dated 15.10.2012 mandates preparation of seniority list on 31.12.2013 of Graduate teachers possessing Post Graduate qualification having put in one year in the said category for consideration of promotion to the post of Headmaster, as a one time measure in terms of relaxation provided under Rule 10. The petitioners state that Memo dated 11.12.2012 of Director, Primary Education, dilutes and infracts Notification dated 15.10.2012 as it provides for preparation of seniority list of such Graduate teachers not only on 31.12.2013 but also on 31.12.2012 for grant of one time relaxation. The petitioners' case is that relaxation is only a one time measure. The petitioners apprehend that if relaxation is given on 31.12.2012 it would not be possible to grant relaxation again on 31.12.2013, as Rule provides one time relaxation only which would prejudice their case. It is relevant to point out that the petitioners were not eligible to be enlisted in the panel on 31.12.2012 for consideration of promotion to the post of Headmaster as by then they did not possess the required one year experience as a Graduate teacher even as per relaxation clause. The petitioners submit that the Memo dated 11.12.2012 of Director, Primary Education supplants and infracts Government Notification dated 15.10.2012 issued by the order of Governor of Bihar and thus not sustainable in law. In support of their submissions, the petitioners have relied upon a decision in the case of State of Maharashtra v. Jagannath K. Karan Dikar, 1989 AIR(SC) 1133.