ASHESH KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) All these writ applications, having an identical question and in fact challenging the same order dated 01.03.2013 passed by the Joint Secretary to the Department of Education, Government of Bihar clarifying that the degree of Bachelor in Education (hereinafter referred to as 'B.Ed.) from the Institutions/Universities of the State of Jammu and Kashmir as well as from Tribhuvan University would not qualify for appointment on the post of teachers in terms of Bihar Secondary/Higher Secondary Teacher Employment Rules, 2006 (hereinafter referred to as the '2006 Rules'), have been heard by this Court on different dates and are being disposed of by this common judgment.

(2.) The facts in all these cases are almost one and the same. The petitioners are aspirant for being appointed on the post of teachers in the High/Higher Secondary Schools of the State of Bihar. All of them claim to be the resident of State of Bihar and are said to have acquired their degree of B.Ed. from the different Institutions/Universities in State of Jammu and Kashmir, primarily from the University of Jammu or University of Kashmir in the academic sessions of 2008-09, 2009-10 and 2010-11. According to them, they had filed their applications for appointment on the post of teacher in terms of the advertisement and in fact had also appeared in the teachers eligibility test and were declared successful, but all of a sudden, the said impugned order was issued debarring them from the zone of consideration on account of their degree of B.Ed., acquired from the universities of the State of Jammu and Kashmir, being not in accordance with Rule 4(d) of the 2006 Rules.

(3.) Having regard to the importance of the impugned order dated 01.03.2013, which has been assailed in all these writ applications, this Court would find it convenient to extract the copy of the impugned order in verbatim which reads as follows: