SURAJ KUMAR Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Petitioner has preferred this Writ Application challenging the validity and vires of Rules 3 and 7 of the Bihar Government Special Schools (Deaf & Dumb and Blind) Teachers Cadre Rules, 2014 (hereinafter referred to as "the Rules, 2014") framed under the proviso to Article 309 of the Constitution of India.

(2.) It is the contention of the learned counsel representing the petitioners that Rules 3 and 7 of the Rules, 2014 are ultra vires to Article 14 of the Constitution of India. It is his submission that appointment of teachers in the Government Blind Schools was being initially made in the Matric Trained Pay Scale and the next promotional post was the post of B.A. Trained and then the post of Assistant headmaster and thereafter the post of Headmaster. The qualification and pattern for appointment of Teachers in the Government Blind High School and Middle School as well as Government Deaf & Dumb Middle School was the same as that of the High School and the Middle School, controlled by the Education Department, Government of Bihar. It is also stated that by virtue of a decision taken by the Welfare Department, Govt. of Bihar, the same scale of pay to the Teachers of the Government Blind High School and Middle School controlled by the Welfare Department has been provided as has been given to the Teachers of the Schools of Education Department, Govt. of Bihar.

(3.) Referring to Rule 3 of the Rules, 2014, which provides for Constitution of Cadre Structure and Classification of Posts and Rule 7 of the Rules, 2014, which lays down the qualifications for appointment, learned counsel for the petitioner submits that the Cadre Structure provided in Rule 3 for Special Middle School and Special High School is entirely different from that of the Schools managed and controlled by the Education Department. According to the Cadre Structure of the Schools controlled by the Education Department, learned counsel submits, the basic grade for appointment is Intermediate Trained and the next promotional post is B.A. Trained and then the post of Assistant Headmaster and Headmaster and whereas in Rule 3 of the Rules, 2014 the post of basic category is the post of Assistant Teacher and the first promotional post is the post of Assistant Principal and the post for second promotion is the post of Principal. It is further submitted that the qualification for appointment on the post of basic cadre has been provided under Rule 7(b) of the Rules, 2014 which prescribes "Pass in Two Years Regular Diploma in Special B. Ed. (Blind / Deaf & Dumb) / Two Years Diploma in Rehabilitation Therapy".