BABITA KUMARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner, who has been selected by the B.P.S.C. as a teacher and was issued provisional appointment letter dtd. 2/11/2023 has approached this Court for quashing the order dtd. 13/11/2023 as contained in Annexure-1 issued by the District Education Officer, Madhubani whereby provisional appointment letter has been cancelled on the ground that the petitioner formed an association namely, Madhyamik Evam Uchchatar Madhyamik BPSC Adhyapak Sangh and accordingly violated the Bihar Government Servant's Conduct Rules, 1976 (hereinafter referred to as "Rules, 1976) read with Rule 17 (vii) of the Bihar State School Teacher (Appointment, Transfer, Disciplinary Proceedings and Service Conditions) Rules, 2023 (hereinafter referred to as the "Rules, 2023").

(2.) The factual matrix of the case in brief is that pursuant to the advertisement no. 26 / 2023 published by the Bihar Public Service Commission for appointment of teachers in Primary, Secondary and Higher Secondary Schools, the petitioner applied under EBC category. The petitioner participated in the competitive examination and was declared successful and after counselling and verification of documents, provisional appointment letter dtd. 2/11/2023 as contained in Annexure-6 was issued in her favour.

(3.) On 11/11/2023 a press communique was issued by the Education Department whereby strict warning was given to the teachers selected by the Bihar Public Service Commission not to form any union(s) / association(s) and not to get the pad of the association printed, failing which, provisional appointment letter would be cancelled. On the same day vide Memo No. 3826 dtd. 11/11/2023 a show cause notice was issued to the petitioner by the respondent no. 6 in the light of the press communique dtd. 11/11/2023 stating therein that after being selected in the examination and provisional appointment letter having been issued, the petitioner formed an association namely, Madhyamik Evam Uchchatar Madhyamik BPSC Adhayapak Sangh. As its State President petitioner submitted a letter to the Director, Secondary Education, Bihar Patna and has raised a question mark on the functioning of the Department / Government with an intention to defeat the ambitious policies of the Government. Accordingly, the petitioner was required to submit her explanation within twenty four hours as to why provisional appointment letter of the petitioner be not cancelled.