SHASHIBHUSHANSAHAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) A petition under Articles 226 and 227 of the Constitution of India has been filed on behalf of Md. Nesar Ahmad at Flag 'A' praying therein to add him as intervenor-petitioner No. 6 in the writ application as his case also stands exactly on identical footing. As there is no opposition to the prayer, the petition at Flag 'A' is allowed and the name of Md. Nesar Ahmad is added as intervenor-petitioner No. 6.

(2.) The prayer in this writ application is to declare note attached to Clause (Kha) of sub-rule 3 of Rule 5 (Aa) of the Bihar Rajyakrit Mad- hyamic Vidyalaya (Seva Shart) Niyamavali, 1983 (hereinafter referred to as '1983 Niyamavali') ultra vires Articles 311 (2), 14 and 16(1) of the Constitution of India and thus void, inoperative and consequently to issue direction to the respondents to treat the petitioners as Teachers belonging to the grade of Past-Graduate Trained Teachers for the purpose of reckoning seniority.

(3.) In short, the relevant facts of the case are that initially all the petitioners were appointed as Assistant Teachers by the Bihar Secondary Education Board (hereinafter referred to as 'the Board') except petitioners No. 1 and 6, namely, Shashi Bhushan Sahai and Md. Nesar Ahmad, respectively. Petitioner No. 1 was initially appointed as Assistant Teacher on the recommendation of the Bihar Secondary Education Commission by the order of the District Education Officer, Samastipur in Tajpur High School but, in the absence of vacancy in the subject concerned there, he was later posted in Hasopur High School by the Board and petitioner No. 6 was initially appointed as Assistant Teacher by the order of the District Education Officer, Darbhanga. Petitioners Nos. 1 to 6, namelv, Shashi Bhushan Sahai, Prashanna Kumar Choudhary, Ganesh Mishra, Ram Kumar Thakur, Surendra Prasad Thakur and Md. Nesar Ahmad joined as Assistant Teachers on 10.3.1977, 29.11.1975, 20.11.1975, 27.8.1975, 20.10.1976 and 3.1.1978, respectively. After their appointments, they were all given the scale of Post-Graduate Trained Teachers with effect from their respective dates of joining by the Board except petitioner No. 6 who got the same with effect from 1.4.1978. The scale of Post-Graduate Trained Teacher was changed from Rs. 275-500/- to Rs. 415-745 and the petitioners were given the same with effect from 1.4.1978.