SUBHASH RAM, Vs. STATE OF BIHAR

JUDGEMENT

(1.) The writ petitioners are the persons who were appointed on the post of Driver in the Police Department, Govt. of Bihar on contract basis. It is their case that they were appointed pursuant to the Advertisement bearing no. 01 of 2010. They were subjected to physical test as well as efficiency test and only upon qualifying in the examination they were appointed on contract basis and since then they are still working from time to time by virtue of renewal of their contract in view of their satisfactory performance.

(2.) At this stage, they are aggrieved by Rule 9(1) of the Bihar Police Driver Cadre Rules, 2017 (hereinafter referred to as "the Rules 2017") which incorporates the amendments earlier made in the Police Manual Rule 663 which reads as under:-

(3.) Prior to the amendment effected by the Rules 2017, vide Notification No. 1708 dtd. 3/3/2014 of Home (Police) Department, Para 5(1) of Appendix 103 (Rule 663) of Bihar Police Manual, 1978 was amended to enhance the qualification of the Driver Constables from Matriculation to Intermediate or equivalent. The relevant portion of the notification is reproduced hereunder:-