BIHAR SCHOOL EXAMINATION BOARD Vs. ABHAY NATH JHA

JUDGEMENT

(1.) The appeal is by the Bihar School Examination Board, directed against the order, dated 19.12.2012, passed by the Learned Single Judge in C. W. J. C. No. 18473 of 2012. Since relief has been granted to the petitioners, who are private-respondents no. 1 and 2 in the present memo of appeal the Examination Board has decided to assail the order, because according to the counsel representing the Examination Board, the order of the Learned Single Judge has the effect of taking away the effect of the provisions of the Bihar Intermediate Education Council Repeal Act of 2007 and the scheme, which has been put in place by the State Government on the recommendation of a group of Secretaries in matters of absorption of the employees of the erstwhile Intermediate Council under the Bihar School Examination Board (hereinafter referred to as the Board).

(2.) In a rather detailed kind of submission, which has been made on behalf of the Board, the Court was taken through the Repealing Act, the scheme, the report of the Five Member Committee, based on which the absorption of various employees has been done and the interpretation which is required to be given to the various provisions of the Act and the scheme.

(3.) With due reverence to the learned counsel representing the Bihar School Examination Board, if the submissions made on his behalf is accepted then the Court will have to strike down the scheme for many a reasons, which has been notified by the State Government and is Annexure-7 to the writ application. If nothing-else, the minimum, which this Court is required to do is to interpret the provisions of the scheme to make it in harmony with the statutory provision, which is the 2007 Repealing Act and declare that settled things cannot be unsettled now since the employees, who have already been appointed or promoted and allowed to continue on such post for decades together. By applying certain yard-stick, which are prevalent as of now they cannot be demoted or posted in positions detrimental to their interest and right.