The Patna High Court, while allowing a petition filed for quashing the order dated 13.11.2023 issued by the District Education Officer, whereby provisional appointment letter was canceled on the ground that the petitioner had formed an association namely and violated the Bihar Government Servant’s Conduct Rules, 1976, held that since the petitioner was not issued an appointment letter, she was not allotted any school, and she had not started rendering her services as a teacher, she cannot be termed as a “government servant.”
Brief Facts:
Pursuant to the advertisement published by the Bihar Public Service Commission for the appointment of teachers, the petitioner applied under the EBC category. The petitioner participated in the competitive examination and was declared successful and after counseling and verification of documents, a provisional appointment letter dated 02.11.2023 as contained in Annexure-6 was issued in her favor. A show cause notice was issued to the petitioner by respondent no. 6 stating that after being selected in the examination and a provisional appointment letter having been issued, the petitioner formed an association.
Contentions of the Petitioner:
The Learned Counsel for the Petitioner submitted that the impugned letter is grossly arbitrary, and unreasonable and is against the tenets of the Constitution of India. He further argued that the petitioner was only issued a provisional appointment letter and without submitting her joining and without being given posting in any school, any action taken under the Bihar Service Condition Rules read with Rules, 1976 shall be in violation of the law.
Contentions of the Respondents:
The Learned Counsel for the Respondents submitted that by forming an association after receipt of the provisional appointment letter, the petitioner violated Rules, 1976 read with Rules, 2023 inasmuch as the moment the petitioner accepted the provisional appointment letter, she became a “government servant” and as such, Rule 7 of the Rules, 1976 is attracted in the case of the petitioner.
Observations of the Court:
The Court noted that on the one hand, the authority has come to the conclusion that since the petitioner has not joined and has not started teaching and getting a salary, the Rules, 2005 shall not apply in her case but at the same time has held that Rules, 2023 is attracted in the case of the petitioner which prevents the formation of the association and the petitioner violated the conduct rules and accordingly her provisional appointment letter has been canceled.
The Court observed that merely by issuing an appointment letter, a person does not become a “government servant” unless he/she has submitted his/her joining and started serving in connection with the affairs of the Government. Since the petitioner was not issued an appointment letter, she was not allotted any school, and she had not started rendering her services as a teacher, she cannot be termed as a “government servant”. As such, Rule 7 of Rules, 1976 shall not be attracted against the petitioner in the facts of the present case.
The decision of the Court:
The Patna High Court, allowing the petition, held that respondent no. 6/District Education Officer is directed to issue an appointment letter to the petitioner, allotting her school within a period of one month from the date of receipt/production copy of this order.
Case Title: Babita Kumari v The State of Bihar & Ors.
Coram: Hon’ble Justice Anil Kumar Sinha
Case no.: Civil Writ Jurisdiction Case No.17010 of 2023
Advocate for the Petitioner: Mr. Shashi Bhushan Kumar
Advocate for the Respondents: Kumari Amrita
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