RAM EKWAL PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The genesis of the constitution of the instant Full Bench lies in the order dated 22.4.2016 passed by a Division Bench of this Court in the present appeal, which arises out of C.W.J.C. No. 4386 of 2012, noticing two conflicting views in Division Bench judgments on the point of prospective or retrospective application of the circular, dated 4.7.2008, issued by the Human Resources Department, Government of Bihar, prescribing the acquisition of intermediate qualification for being engaged as Shiksha Mitra within 33 months of the date of engagement. The order of reference dated 22.4.2016 reads as follows:

(2.) In the aforesaid judgments, a view has been taken that qualification of Intermediate is necessary within 33 months from the date of issuance of the Circular dated 04.07.2008 and not from the date of initial appointment.

(3.) We find that two contradictory sets of judgments have been brought to our notice, one taking a view that 33 months is the period of acquiring Intermediate qualification from the date of the circular; whereas, other judgment says that 33 months are required from the date of appointment, therefore, to resolve the conflict between the two sets of judgment, we deem it appropriate to refer the matter to the larger Bench. We request the Acting Chief Justice to constitute a larger Bench to decide the controversy involved in this case.