(Shyamanand Azad) Expunge And Ors vs The State Of Bihar
2021 Latest Caselaw 4822 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.3846 of 2017
     ======================================================

1. Shyamanand Azad and Ors S/o Late Hari Nandan Sinha, R/o VillageP.S.-

Sakatpur, P.O.- Pokharbhinda, District- Darbhanga, Presenlty posted College of Teacher Education, Samastipur.

2. Birendra Kumar Mishra, S/o Raghab Saran Mishra, R/o Village- Pajoudha, P.S.- Daraunda, District- Siwan.

3. Janki Raman, S/o Sri Sidheshwar Sah, R/o Gorigama, P.O.- Mannanpur Morsand, P.S.- Runnisaidpur, District- Sitamarhi.

4. Binod Kumar Gupta, S/o Rameshwar Pd. Gupta, R/o Satghra Rajnagar, Gandhi Chowk, POPS- Rajnagar, District- Madhubani.

5. Brahmachari Ajay Kumar, S/o Sri Rameshwar Singh, R/o Village- Dariyapur House Shastrinagar East, Road No.03, P.O.- GPO Gaya, P.S.- Rampur, District- Gaya.

6. Shyam Kishore Poddar, S/o Late Ayodhya Poddar, R/o Village- Navratan Hata, Pumia, P.O.- Purnia, P.S.- Shajanchihat, District- Pumia.

7. Amresh Kumar, S/o Late Murlidhar Thakur, R/o Village- Eastern Tola Bangon, POPs- Bangaon, District- Saharsa.

8. Md. Bashir Hassan Manzer, S/o Md. Shabbir Hassan Manzer, at Benta, P.O.-

D.M.C. Campus, P.S.- Laheriasarai, District- Darbhanga.

9. Basant Kumar Choudhary, S/o Late Balmukund Choudhary, R/o Villae-

Kherajpur East, P.O.- Kherajpur, P.S.- Bahadurpur, District- Darbhanga.

10. Rakesh Kumar, S/o Kaushal Kishore Prasad, R/o Bajitpur Quilaghat, P.O.-

Subhankarpur, P.S.- Laheriasarai, District- Darbhanga.

11. Ranjit Kumar, S/o Braj Nandan Patel, R/o Village- Basauli, P.O.- Bishunpur Titidha, P.S.- Rajapakar, District- Vaishali.

12. Sanjay Kumar, S/o Gangapati Mallik, R/o Village- Mithiyadih, Mahavir Nagar, P.O.- Motihari, P.S.- Chatauni, District- East Champaran.

13. Md. Shabbir Hussain, S/o Late Md. Muslehudduin, R/o Village P.O.-

Parsauni, P.S.- Bisfi, District- Madhubani.

14. Dinbandhu, S/o Suryadeo Sah, R/o Village P.O.- Jogwana Bazar, P.S.-

Bathnaha, District- Samastipur.

15. Daya Ram Yadav, S/o Late Rajendra Prasad Yadav, R/o Village P.O.-

Koylasthan, P.S.- Keoti, District- Darbhanga.

16. Amrendra Kumar Kama, S/o Sri Baldeo Lai, R/o Village- Rustanpur, P.O.-

Hayaghat, P.S.- Hayaghat, District- Darbhanga.

17. Arjum Wasis, S/o Md. Nazim, R/o Village- Maniyarpur, P.O.P.S.-

Warisnagar, District- Samastipur.

18. Gangesh Kumar Jha, S/o Sri Ramakant Jha, R/o Village- Tatuar East Tola, P.S.- Manigachhi, District- Darbhanga.

19. Shatrughna Mehta, S/o Late Ramlakhan Mehta, R/o Village- Harisnsari, P.O.P.S.- Shalkhua, District- Saharsa.

20. Ajay Kumar Prabhat, S/o Late Sidheshwar Grain, R/o Village- Sheonagar, Patna High Court CWJC No.3846 of 2017 dt.01-10-2021

P.O.- Habibpur, P.S.- Parwalpur, District- Nalanda.

21. Yamuna Prasad, S/o Murli Prasad, R/o Village P.O.- Tilauthu, District-

Rohtas.

22. Md. Shahnawaz Rizvi, S/o Md. Azizul Hakim, R/o Asanadpur, P.O.-

Bhagalpur City, P.S.- Bhagalpur University, District- Bhagalpur.

23. Gulabchand, S/o Sri Mudrika Prasad, R/o Village- Shahpur, P.O.- Bahuara, P.S.- Dawath, District- Rohtas.

24. Arun Kumar Upadhyay, S/o Late Ram Pravesg Upadhyay, R/o Village-

Maudihan, P.O.- Barawan Kala, P.S.- Darihat, District- Rohtas.

25. Dr. Isam Lal Karharia, S/o Upendra Prasad Singh, R/o Upanu Villa, Sitla Sthan Road, P.O.P.S.- Isak Chak Gumti No.12, District- Bhagalpur.

26. Dr. Rakesh Kumar Parimal, S/o Late Kishun Prasad Singh, R/o Village P.O.-

Pararia, P.S.- Shambhuganj, District- Banka.

27. Vinod Kumar, S/o Shri Anandi Sinha, R/o Village P.O.- Pararia, P.S.-

Shambhuganj, District- Banka.

28. Rajdeo Kumar, S/o Keshav Kumar Singh, R/o Village P.O.- Karharia, P.S.-

Bath, District- Bhagalpur.

29. Chandra Shekhar Kumar, S/o Shri Ram Pravesh Prasad Verma, R/o Village-

Mogalkuan, POPS- Sohsarai, District- Nalanda.

30. Prasoon Kumar Akela, S/o Late Anirudh Prasad, R/o Kathal Tola, near Shiv Mandir, POPS- Sohsarai, District- Nalanda.

31. Sanjiv Kumar, S/o Late Madan Mohan Lai, R/o Village P.O.- Durgapur, P.S.-

Giriyak, District- Nalanda.

32. Krishna Kumar, S/o Sri Yogendra Prasad, R/o Village- Bari Pahari, Near State Bank of India, P.O.- Sohsarai, P.S.- Laheri, District- Nawada.

34. Rajesh Kumar Singh, S/o Shyamdeo Singh, R/o Village P.O. P.S- Darihat, District- Rohtas.

35. Rajesh Kumar, S/o Yogendra Kumar, R/o Janki Bhawan, Teacher Colony, Bus Stand, Rajgir, District- Nalanda.

36. Upendra Baitha, S/o Sri Dashrath Baitha, R/o Village P.O.- Gariba, P.S.-

Kalyanpur, District- East Champaran.

37. Sanjay Kumar, S/o Harish Chandra Thakur, R/o Village- Brahampur, P.O.-

Ratanpur, P.S.- Kamtaul, District- Darbhanga.

38. Arvind Kumar Mishra, S/o Sri Abhiram Mishra, R/o Village- Champa, P.O.-

Dihtol Paijuar, P.S.- Arer, District- Madhubani.

40. Prem Rajan Upadhyay, S/o Shri Dhirendra Upadhyay, R/o Mohalla- JKs/D-

61, Old Jakkanpur, POPS- Jakkanpur, District- Patna.

41. Diwakar Sharma, S/o Sri Lal Babu Sharma, R/o Village- Ataullahpur, POPS-

Lalganj, District- Vaishali.

43. Arun Kumar, S/o Late Sant Sharan, R/o Mohalla- New Area, Nawada, P.O.P.S.District- Nawada.

44. Bimal Kumar, S/o Sri Lakhan Sao, S/o Renu Niwas Panchawati Nagar, at POPS- Rajgir, District- Nalanda.

Patna High Court CWJC No.3846 of 2017 dt.01-10-2021

45. Suresh Prasad, S/o Late Tilak Sao, R/o Village- Prasad Bigha, Nawada, P.O.P.S.District- Nawada.

46. Manoj Kumar, S/o Sri Kishna Bihari Prasad, R/o Village P.O.- Bindawalia, P.S.- Kuchaikote, District- Gopalganj.

47. Arun Kumar, S/o Gangapati Malik, R/o Village- Mithiyadih, Mahavir Nagar, P.O.P.S.- Motihari, District- East Champaran.

48. Md. Khushnood Ahasn Raaz, S/o Md. Ayub Ansari, R/o Mohalla- Shekhana Kalan, P.O.P.S.- Biharsharif, District- Nalanda.

49. Vinod Kumar Pal, S/o Ram Chandra Mahto, R/o Village P.O.- Shivnar, P.S.-

Mokama, District- Patna.

51. Dr. Ravindra Kumar, S/o Late Bundi Paswan, R/o Village- Sonsa, P.O.-

Sihin, P.S.- Hisua, District- Nawada.

52. Dr. Prabha Kumari, W/o Sri Jitendra Kumar Singh, R/o Village P.O.-

Khajuri, P.S.- Naubatpur, District- Patna.

53. Dr. Rani Kumari, C/o Deepak Kumar, R/o Jetharia House Rajendra Nagar Road No.2, P.O.P.S.- Kadamkuan, District- Patna.

54. Shrikant Prasad, S/o Kapildeo Prasad, R/o Village P.O.- Bardeeh, P.S.-

Islampur, District- Nalanda.

56. Dinesh Prasad, S/o Ratan Lal Prasad, R/o Village- Palgaura, P.O.- Ahiyapur, P.S.- Sahebganj, District- Muzaffarpur.

57. Murari Kant Prasad, S/o Ramkeshwar Prasad, R/o Village- Mana, P.O.-

Bangpur, P.S.- Parwalpur, District- Nalanda.

58. Prakash Mohan Singh, S/o Late Raghubansh Prasad Singh, R/o Village P.O.-

Dhabouli, P.S.- Sourbazar, District- Saharsa.

59. Dr. Rajeev Kumar Singh, S/o Pradyumna Narayan Singh, R/o Village P.O.-

Sardiha, P.S.- Bakhtiarpur, District- Saharsa.

60. Sahjanand Kumar, S/o Sri Lalitesh Kumar, R/o Mohalla- New Adarsh Colony, Near NRL Petrol Pump, P.O.- Bahadurpur House Colony, P.S.- Agamkuan, District- Patna.

61. Harendra Singh, S/o Late Yadav Singh, R/o Village P.O.P.S.- Garhani, District- Bhojpur.

62. Neelmani Kumar Pathak, S/o Late Rameshwar Nath Pathak, R/o Mahavir Sthan, Maulabagh, P.O.- Ara, P.S.- Town Ara, District- Bhojpur.

63. Deepak Sawarkar, S/o Sri Ram Balak Poddar, R/o Chitragupa Ngar, Pokharia, P.O.- Begusarai, P.S.- Begusarai Sadar, District- Begusarai.

64. Dinesh Kumar, S/o Suryadeo Sah, R/o Village P.O.- Yogiwana Bazar, P.S.-

Bathnaha, District- Sitamarhi.

65. Umesh Mahto, S/o Ramdeo Mahto, R/o Village- Bista, P.O.- Mushahamiya, P.S.- Sonbarsa, District- Sitamarhi.

66. Dr. Raj Kishore Singh, S/o Nag Narayan Singh, R/o Village- Ekari, P.O.P.S.-

Ekma, District- Chapra.

67. Ranjit Panjiyara, S/o Basudeo Panjiyara, R/o Village P.O.- Dadri Jala, P.S.-

Sangrampur, District- Munger.

Patna High Court CWJC No.3846 of 2017 dt.01-10-2021

68. Somesh Kumar, S/o Ram Swaroop Singh, R/o Village- Basan Bigha, P.O.-

Ushari, P.S.- Karpi, District- Arwal.

69. Sanjeev Kumar, S/o Tileshwar Kumar, R/o Village- Dumri West Tola, P.O.-

Dumri, P.S.- Simri, District- Buxar.

71. Dr. Thakur Sanjai Singh Tomar, S/o Bhuvneshwar Prasad Singh, R/o Village P.O.- Mahinath Nagar, P.S.- Beldour, District- Khagaria.

72. Sanjay Kumar, S/o Sri Sant Kumar Yadav, R/o Village- Maheshpur, P.O.-

Samda, P.S.- Sour Bazar, District- Saharsa.

73. Anil Kumar Singh, S/o Sri Surendra Narayan Singh, R/o Village P.O.-

Sukhpur, P.S.District- Supaul.

74. Gajendra Kumar, S/o Sri Jainarayan Sah, R/o Village- Mahisarho, P.O.-

Sarouni, P.S.- Mahishi, District- Saharsa.

75. Nagendra Kumar, S/o Saryoo Prasad, R/o Village- Rustam Chak, P.O.-

Gayani Bigha, P.S.- Shakurabad, District- Jehanabad.

76. Md. Jameel Akhtar, S/o Md. Nizamuddin, R/o Village- Gangapur, P.O.P.S.-

Kurtha, District- Arwal.

77. Binod Kumar Singh, S/o Mahadeo Singh, R/o Village- Mander, P.O.-

Mirzapur, P.S.- Nabinagar, District- Aurangabad.

78. Suresh Sharma, S/o Late Ganauri Sharma, R/o Village P.O.- Noawan, P.S.-

Shakurabad, District- Jehanabad.

79. Naiyer Iqbal, S/o Izhar Imam, R/o Village- Abgila, P.O.- Buniyaganj, P.S.-

Mofassil, District- Gaya.

80. Dr. Manoj Kumar Verma, S/o Jagdeo Prasad, R/o Village- Jaynagar Basti Fardahi Tola, P.O.P.S.- Jaynagar, District- Madhubani.

81. Anil Kumar Gupta, S/o Sri Radhe Shyam Prasad, R/o Purani Bazar Ward No.11, Near Ranisati Mandir, P.O.P.S.District- Sitamarhi.

82. Ram Sagar Yadav, S/o Sri Amirchand Chaudhary, R/o Flat No.202, Block-

B/2 Narayan Shree Apartment Sheikhpura, B.V. College, P.S.- Shastri Nagar, District- Patna.

83. Gaytree Kumari, W/o Mithilesh Kumar Sinha, R/o Village P.O.- Rasisa, P.S.- Ekangarsarai, District- Nalanda.

84. Dr. Manoj Kumar Vidyarthi, S/o Sri Akhileshwar Sharma, R/o Village P.O.-

Noawan, P.S.- Sakurabad, District- Jehanabad.

85. Ravi Shankar Prasad, S/o Bhagwat Prasad, R/o Village- Sadar Chowk, P.O.P.S.- Dehri-on-sone, District- Rohtas.

86. Sunil Kumar Tanti, S/o Saryug Tanti, R/o Village- Meyar, P.O.- Kaiy Meyar, P.S.- Noorsarai, District- Nalanda.

87. Md. Nazir Hayat, S/o Md. Zubair Alam, R/o Village- Mainpur, P.O.- Kujri, P.S.- Palasi, District- Araria.

88. Abhay Kumar Singh, S/o Late Bhaleshwar Prasad Singh, R/o Jagdishpur, P.O.P.S.- Jandaha, District- Vaishali.

91. Md. Shekeel Akhtar, S/o Md. Nizamuddin, R/o Village- Gangapur, P.S.-

Kurtha, District- Arwal.

Patna High Court CWJC No.3846 of 2017 dt.01-10-2021

92. Shamimur Rahman, S/o Tazrul Rahman, R/o Village- Bhagauta, P.O.-

Luxmigunj, P.S.- Goriakothi, District- Siwan.

93. Gorakh Nath Yadav, S/o Late Balrup Prasad Yadav, R/o Village- Amawa Nakachhed, P.S.District- Gopalganj.

94. Dr. Chandramuli Tripathy, S/o Late Nand Kishore Tripathy, R/o Village-

Amahi Shukla, P.O.- Dubey Jigina, P.S.- Bhore, District- Gopalganj.

96. Akhilesh Kumar, S/o Sri Babua Nand Sinha, R/o Village- Niraza Nagar Ratanpur, P.O.P.S.District- Begusarai.

97. Vinit Kumar, S/o Late Sitaram Singh, R/o Village P.O.- Sarba, P.S.-

Barbigha, District- Sheikhpura.

98. Rakesh Kumar, S/o Ram Lagan Singh, R/o Village- Lohiyanagar, P.O.-

Suhirdnagar, P.S.- Muffasil, District- Begusarai.

99. Kumari Lalmani, S/o Sri Janardan Prasad Mandal, R/o Village P.O.-

Banarjhula, P.S.- Sonbarsa, District- Sitamarhi.

100. Kiran Kumari, W/o Dr. Upendra Prasad Gupta, At Rajiv Nagar Road, No.18, P.O.- Keshrinagar, District- Patna-24.

101. Suresh Pandit, S/o Dhanushdhari Pandit, Village P.O.P.S.- Shahjahanpur, District- Patna.

102. Akhileshwar Prasad, S/o Parmeshwar Prasad, R/o Village- Saril Chak, P.O.P.S.District- Nalanda.

... ... Petitioners Versus

1. The State of Bihar through the Chief Secretary, Govt. of Bihar.

2. The Principal Secretary, General Administration Department, Govt. of Bihar, Patna.

3. The Principal Secretary, Human Resources Development Department Education Department, New Secretari

4. Director, Research and Training, Education Department, New Secretariat, Govt. of Bihar, Patna.

5. Director, Administration cum-Special Secretary, Education Department New Secretariat, Govt. of Bihar

6. Regional Director, Eastern Regional Committee, National Council for Teacher Education, 15 Neelkant

7. Deputy Director, Centre for Cultural Resources and Training, Ministry of Culture, Govt. of India P null null

8. Bihar Public Service Commission through the Chairman, 15 Jawaharlal Nehru Marg, Patna.

9. Joint Secretary-cum- Examination Controller, Bihar Publice Service Commission, 15 Jawaharlal Nehru

... ... Respondents ====================================================== with Civil Writ Jurisdiction Case No. 10679 of 2017 Patna High Court CWJC No.3846 of 2017 dt.01-10-2021

======================================================

1. Sanjeev Kumar and Anr S/o Ram Sakal Singh, R/o Village- Chak Mohamad, P.O. P.S.-Desari, District-Vaishali.

2. Arun Kumar Chaudhary, S/o Ram Kumar Chaudhary, R/o VillageP.O.-

Legunia, Raghukanth, P.S.-Mofassil, District-Samastipur.

... ... Petitioners Versus

1. The State Of Bihar and Ors

2. The Principal Secretary, General Administration Department, Govt. of Bihar, Patna.

3. The Principal Secretary, Human Resources Development Department Education Department New Secretari

4. The Director, Research and Training, Education Department, Govt. of BIhar, Patna.

5. The Director, Administration-Cum-Special Secretary, Education Department Govt. of Bihar, Patna.

6. Regional Director, Eastern Regional Committee, National Council for Teacher Education, 15 Neelkant

7. The Bihar Public Service Commission, through its Chairman, 15, Jawahar Lal Nehru Marg, patna.

8. The Joint Secretary-cum-Examination Controller, Bihar Public Service Commission, 15 Jawahar Lal Neh ... ... Respondents ====================================================== with Civil Writ Jurisdiction Case No. 718 of 2019 ======================================================

1. Sanjay Kumar S/o Sri Pashupati Nath Resident of Near R.M.S. Post Office,Station Road,P.S. Nawada,Dist.-Nawada at present posted as Lecturer is Diet-Nawada

2. Om Prakash Singh S/o Ramchandra Prasad Resident of New Area Rajendra Nagar,PS and Dist.-Nawada at present posted as Lecturer,Diet,Gaya

3. Akhilesh Kumar atj present posted as Lecturer,Diet,Lakhisarai

4. Janardan Prasad S/o Sri Harsday Mahto Resident of Village Dhanama,P.S.

Chandradeep,Dist.-Jamui at present posted as Lecturer,Diet,Laklhisarai

5. Hridyananad Singh S/o Late Baikunth Singh Resident of Village-

Bithuna,P.S. Bhagwanpur,Dist.-Siwan,at present posted as Lecturer in Diet,Siwan

... ... Petitioners Versus

1. The State Of Bihar through the Chief Secretary, Govt. of Bihar

2. The Principal Secretary, General Administration Department, Govt. of Bihar

3. The Principal Secretary, Human Resources Development, Department Patna High Court CWJC No.3846 of 2017 dt.01-10-2021

(Education Department New Secretariat),Govt. of Bihar, Patna

4. Director, Research and Training, Education Department New Secretariat, Govt. of Bihar, Patna

5. Director, (Administration) Cum-Special Secretary, Education Department New Secretariat, Govt. of Bihar, Patna

6. Regional Director, Eastern Regional Committee, National Council for Teacher Education,15 Neelkant Nagar, Nayapatti, Bhubaneshwar (Odissa).

7. Deputy Director, Centre for Cultural Resources and Training, (Ministry of Culture, Govt. of India) Plot No.15A. Sector-7 Dwarka, New Delhi

... ... Respondents ====================================================== Appearance :

(In Civil Writ Jurisdiction Case No. 3846 of 2017) For the Petitioners : Mr.P.K. Shahi (Sr. Advocate) : Mr.Sanjeev Kumar (Advocate) For the Respondents : Mr.Subhash Chandra Mishra (SC 16) For the Intervenor : Mr.Mrigank Mauli (Sr. Advocate) : Mr.Prince Kumar Mishra (Advocate) : Mr.Sanket (Advocate) : Mr.Shashi Bhushan Singh (Advocate) For the B.P.S.C. : Mr.Sanjay Pandey (Advocate) (In Civil Writ Jurisdiction Case No. 10679 of 2017) For the Petitioners : Mr.Siya Ram Shahi For the Respondent/s : Mr.Kameshwar Kumar-GP17 For the NCTE : Mr.Sunil Kumar Singh (Advocate) (In Civil Writ Jurisdiction Case No. 718 of 2019) For the Petitioners : Mr.Prabhakar Singh For the Respondents : Mrs.Shilpa Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL JUDGMENT Date : 01-10-2021

Heard learned counsel for the parties.

2. The petitioners have filed these writ applications

challenging an order of the Principal Secretary, Education

Department, Government of Bihar issued vide Memo. No. 465

dated 22.11.2016 whereby their representations for

regularization/absorption of their services in the Research and

Training sub-cadre in the Bihar Education Service has been Patna High Court CWJC No.3846 of 2017 dt.01-10-2021

rejected. They want this Court to hold that they are entitled by way

of right to be included permanently in the said sub-cadre of

Research and Training in Bihar Education Service, on the post of

Lecturer/Teaching Educators, as they had been earlier declared

successful by a selection committee after a series of tests pursuant

to an advertisement dated 17.05.2012 for the posts in question.

3. As material facts in these applications are parallel and

they involve common issues, they have been heard together and

are being disposed of by the present common judgment and order.

4. There are 102 petitioners in C.W.J.C. No.3846 of

2017, two in C.W.J.C. No. 10679 of 2017 and five in C.W.J.C. No.

718 of 2019.

5. Briefly stated, admitted facts, as has emerged from the

pleadings and other materials on record are that the petitioners

were appointed as Assistant Teachers on different dates and in

different years in different Government Primary and Secondary

Schools. They held Postgraduate qualification of M.Ed. or M.A. in

Education, which according to them, is equivalent to M.Ed. The

Research and Training Directorate of Education Department,

Government of Bihar had come out with a notice for preparation

of a panel for posting, in various District Institutes of Education

and Training (DIET), Teachers Training Colleges and Primary Patna High Court CWJC No.3846 of 2017 dt.01-10-2021

Teachers Training Colleges, as Principals and Lecturers. For the

said purpose, applications were invited from the members of the

Bihar Education Service, (Administrative Cadre), Subordinate

Education Service Cadre and other Officers and Teachers working

in Government Primary, Secondary and Higher Secondary

Schools. The said notice prescribed qualification for the aspirants

willing to be empanelled in the light of the said notice. It was

clarified by way of a note at the bottom of the said notice that the

applications were being invited only for the purpose of

empanelment of the officers and teachers having requisite

qualification which did not mean that the applicants shall be

posted in Training Colleges. The petitioners submitted their

applications for empanelment. 294 applicants including these

petitioners were shortlisted. Thereafter, the Director (Research and

Training) Department of Education requested the Director,

Primary Education to handover the services of the Teachers so

empanelled to the Research and Training Directorate. The

shortlisted candidates were made to participate in a workshop of

Development Needs Analysis (hereinafter referred to as 'the

D.N.A. Test') for selection from the shortlisted candidates for

deputation in the college of Teacher Education, District Institute of

Teachers Education and Primary Teachers Education Colleges. The Patna High Court CWJC No.3846 of 2017 dt.01-10-2021

workshop for D.N.A. was organized in two stages. The petitioners

were relieved to participate for the said D.N.A. Test. A total

number of 170 eligible candidates were declared successful,

including these petitioners and were thus empanelled. Thereafter,

the Education Department, Government of Bihar issued a letter

dated 05.06.2013 addressed to all the aspirants to the effect that a

total of 170 Teachers had been identified for posting on the basis

of deputation in Education Training Colleges. The candidates so

identified were allowed to exercise three options for their posting

against vacant posts, on the departmental website or by hand,

within seven days. The petitioners exercised their options and

accordingly a total number of 150 candidates were posted as

lecturers on deputation basis in different District Education and

Training Institutes and Primary Teachers Education College for a

period of one year, by an officer order dated 23.07.2013 issued by

the Education Department, Government of Bihar. It was clearly

mentioned in the said letter that selected candidates were being

posted on deputation basis and that decision to extend the period

of deputation shall depend upon the satisfactory service of the

deputed teachers.

6. The Bihar Education Service Rules, 2014 (hereinafter

referred to as 'the Rules') made in exercise of the powers Patna High Court CWJC No.3846 of 2017 dt.01-10-2021

conferred by the proviso to Article 309 of the Constitution of India

came to be notified by the Education Department, Government of

Bihar vide Notification No. 698 dated 12.02.2014. It came into

force w.e.f. the date of its notification. The Rules stipulate that the

Bihar Education Service shall have four sub-cadres namely (i)

Administration Sub-Cadre, (ii) Training Sub-Cadre, (iii) Research

and Training Sub-Cadre and (iv) An Isolated Sub-Cadre.

7. The claim of the petitioners to be a part of the third

sub-cadre namely Research and Training sub-cadre on the strength

of their posting on deputation on the basis of the said office order

dated 23.07.2013 is the central issue involved in this case.

8. The Research and Training Sub-Cadre falls in part 4

of the Rules, which begins from Rule 25 and ends with Rule 38.

The petitioners were admittedly working against the post of

Lecturers in different district institute of Education and Training

(DIET) and other Teacher Education Colleges on posting on

deputation basis. Rule 25 (a) of the Rules gives the list of the posts

in the basic cadre of the Research and Training sub-cadre. Rule

26(4) of the Rules provides that the Officers recruited/promoted

and already working on the above posts will be considered

included in the sub-cadre. Rule 27 of the Rules is the most Patna High Court CWJC No.3846 of 2017 dt.01-10-2021

significant provision under the Rules to determine the petitioners'

claim, as noted above, which is being quoted hereinbelow:-

"27. The Officers appointed/promoted and working on the above posts of this sub-cadre and having the prescribed qualification of these posts shall give the option for inclusion in this sub cadre. In case of having no qualification or not giving option for inclusion in this sub cadre or in case of working on deputation basis, they shall be reverted back to their own cadre. If they are appointed on these posts, they shall remain on their posts but they shall not get the benefit of regular promotion in this sub cadre."

9. The Bihar Public Service Commission (hereinafter

referred to as 'the Commission') issued Advertisement No. 02 of

2016 and Advertisement No. 06 of 2016 inviting applications for

appointment on 478 posts of Lecturer through open competition

and limited competitive examination respectively. The

advertisements were issued in 2016 whereas C.W.J.C. No. 3846 of

2017 was filed in March, 2017. The petitioners in C.W.J.C. No.

3846 of 2017 filed an application seeking amendment in the writ

petition vide I.A. No. 3223 of 2017 for challenging the

advertisement itself, as according to them, the selection process

undertaken by the Commission would adversely affect their claim.

The said I.A. was taken up by this Court on 11.05.2017, when the

following order was passed:-

Patna High Court CWJC No.3846 of 2017 dt.01-10-2021

"Re.: Interlocutory Application No. 3223 of 2017

8. The present Interlocutory Application has been filed seeking addition of the following reliefs in the writ petition:

"(i) The petitioners pray for issuance of a writ in a nature of certiorari for quashing advertisement no. 06/2016 inviting application for appointment on the newly created 478 posts of lecturers through limited examination and advertisement no. 02/2016 inviting application for appointment on the posts of lecturers through open competition issued by Joint Secretary-cum-

Examination Controller, Bihar Public Service Commission. (ii) The petitioners also pray for interim protection by staying the examination to be held on from 26.05.2017 to 29.05.2017 for the appointment on the aforesaid posts."

9. The petitioners were working as Teachers under the State Government and by way of a special drive to fill up posts in training institutions, eligible persons were given option to apply and pursuant thereto through a regular mode of selection, they were selected and appointed on such post and since then are working. In the meantime, they have also been sent for specified training required for such post.

10. Learned counsel for the petitioner submitted that though such appointment order mentioned deputation but it was for taking regular and continued work from the petitioners as teachers were not available to run those institutions and further that after joining they have also been sent at the cost of the Government for specialised training which they have acquired.

Patna High Court CWJC No.3846 of 2017 dt.01-10-2021

11. Learned counsel submitted that the Bihar Education Service Rules, 2014 (hereinafter referred to as the 'Rules'), which was notified on 12.02.2014 stipulates that persons appointed/promoted and working on such posts would be automatically be deemed to come into the sub-cadre of such posts. Learned counsel submitted that in view of the same, at least, the posts held by the petitioners cannot be filled up by any other mode of recruitment, including the one initiated and under challenge in the present writ application.

12. Learned counsel for the Bihar Public Service Commission submitted that in view of the order passed by a Division Bench in a Public Interest Litigation relating to filling up of posts of teachers, the exercise has been undertaken.

However, on merits, he prays for time to assist the Court.

13. Learned counsel for the State also prays for time to file detailed counter affidavit.

14. Having considered the matter, in the tentative view of the Court, since the petitioners were appointed in the year 2012, may be by any nomenclature including deputation, they would come under the category of having been 'appointed' on the post and they continuing on the said post would obviously be covered under Rule 26(4) of the Rules.

15. In view of the aforesaid, the Court deems it appropriate to pass interim order. Accordingly, though the process, including examination may continue, but the petitioners shall not be disturbed from working on the posts held by them and further the posts on which they are working Patna High Court CWJC No.3846 of 2017 dt.01-10-2021

shall not be filled up from the process which is under challenge, until further orders of the Court."

10. With the aforesaid order, in my opinion, I.A. No.

3223 of 2017 stood disposed of though not specifically mentioned

therein. Most of the petitioners are said to be working on the

strength of the aforesaid interim order. It deserves to be noted at

this juncture that Rule 28 under Part 4 of the Rules dealing with

Research and Training sub-cadre lays down, inter alia, the process

of appointment against post of basic grade of the said sub-cadre. It

provides that 50% posts of the basic grade of the sub-cadre shall

be filled up by direct appointment and rest 50% shall be filled up

on the basis of limited competitive examination from amongst the

Teachers working in Government Schools at least for three years

and having requisite qualification for the post. Through

Advertisement No. 06 of 2016, applications were invited from

eligible candidates for appointment as Lecturers in different

Government Education Training Colleges on the basis of limited

competitive examination evidently under Rule 28 (1) (ii) of the

Rules. Advertisement No. 02 of 2016, on the other hand, was

issued by the Commission for filling up the posts on the basis of

direct recruitment, as stipulated under Article 28 (1) (i) of the

Rules. Admittedly, some of the petitioners had applied pursuant to Patna High Court CWJC No.3846 of 2017 dt.01-10-2021

the said advertisements, which fact was not disclosed in the writ

petition. This fact has emerged from I.A. No. 05 of 2020 wherein

it has been stated that the petitioners no. 33, 39, 42, 50, 55, 70, 89,

90 and 95 had applied against the Advertisement No. 02 of 2016,

who have been declared successful and subsequently appointed on

30.06.2020. In the wake of their selection, they filed I.A. No. 05 of

2020 seeking withdrawal of the writ petition to the extent they are

concerned. It is shocking for the Court to learn that the petitioners

obtained an interim order from this Court on 11.05.2017 against

the selection process in question to the extent the same related to

posts against which they were working without disclosing their

own participation pursuant to the advertisement. It is yet not

known as to how many petitioners had in fact participated in the

process of selection pursuant to the Advertisement No. 02 of 2016

and Advertisement No. 06 of 2016 in the absence of an honest

disclosure in this regard.

11. Mr. P.K. Shahi, learned Senior counsel appearing on

behalf of the petitioners of C.W.J.C. No. 3846 of 2017 has

submitted that when the State was in dire need to have qualified

persons for running Teachers Education Institutes in the State of

Bihar, an exercise was undertaken to select from the existing

employees in Bihar Education Service. He has taken me to the Patna High Court CWJC No.3846 of 2017 dt.01-10-2021

relevant provisions of the guidelines issued by the Ministry of

Human Resource Development, Government of India in respect of

District Institutes of Education and Training (DIET), apropos

requirements, procedures, eligibility criteria and cadre

management. He has submitted that it was in consonance with

Clause 3.1.2. of the said guidelines that a special selection process

was initiated with the issuance of the notice by the Directorate of

Research and Training, Government of Bihar inviting applications

from eligible candidates. He has further referred to Clause 3.3. of

the guidelines thereof which provided that the State Government

would have to evolve an appropriate mix of alternative modes of

recruitment. He has submitted that the petitioners were made to

undergo a rigorous process of selection pursuant to the said notice,

at two stages namely D.N.A. 1 and D.N.A. 2 whereafter they were

empanelled. He has further submitted that by operation of Sub-

Rule 4 of Rule 26 of the Rules, the petitioners stood included in

Research and Training sub-cadre. In support of his submission, he

has relied on the Supreme Court's decision in case of Dr. Gagan

Inder Kaur and Ors. v. Union Territory of Chandigarh reported

in 1995 (6) SCALE 581 wherein the Supreme Court has held that

since the procedure required under the Rules relevant at the time

of appointment were strictly followed, though such appointments Patna High Court CWJC No.3846 of 2017 dt.01-10-2021

were described as ad hoc, they were really in the nature of

appointment on regular basis.

12. Mr. Prabhakar Singh, learned counsel appearing on

behalf of the petitioners in C.W.J.C. No. 718 of 2019 while

adopting broadly the submissions made by Mr. P.K. Shahi, learned

Senior counsel, has submitted that under the Rules, options were

required to be invited from those also who were on deputation

including these petitioners for retention in the sub-cadre in

question. He submits that the said exercise was not done. He has

urged that representation of these petitioners ought to have been

treated as their exercise of option, within the meaning of Rule 27

of the Rules.

13. Mr. Siya Ram Shahi, learned counsel representing

the petitioners in C.W.J.C. No. 10679 of 2017 has added that Rules

26 and 27 of the Rules need to be read conjointly to give a

purposeful meaning, which would make the legislative intent clear.

According to him, the said provisions manifestly suggest that the

services of the persons working against the posts which fall now in

the sub-cadre of Research and Training were to retained as part of

the sub-cadre.

14. In C.W.J.C. No. 10679 of 2017 also an Interlocutory

Application has been filed seeking withdrawal of the writ petition Patna High Court CWJC No.3846 of 2017 dt.01-10-2021

to the extent the same relates to petitioner no. 1 on the ground that

he has been selected against Advertisement No. 02 of 2016 and

appointment letter has been issued on 30.06.2020. In the writ

petition, which was filed on 27.07.2017, there is no mention of the

participation of the petitioner(s) in the process of selection.

15. Per contra Mr. Subhash Chandra Mishra, learned SC

16 has argued that in the notice inviting application itself it was

mentioned that a panel was being prepared for posting of qualified

Teachers in Government Teachers Training Institutions. The

empanelment of the petitioners does not give them any right to be

included in the sub-cadre constituted by subsequent framing of

statutory rules. He has further argued that it is evident from

Annexures 6 and 7 of the writ application that the petitioners were

posted on the basis of deputation and it was within the knowledge

of the petitioners that they were being posted on deputation basis.

He has further submitted that Rule 27 of the Rules clearly

prescribes that such persons who were working on deputation

basis on the post falling in the sub-cadre shall be reverted back to

their own cadre. He contends that the petitioners do not have any

right to continue on the basis of deputation and it is the mandate of

Rule 27 of the Rules that they are reverted back to their own cadre.

He has also submitted that the petitioners deliberately suppressed Patna High Court CWJC No.3846 of 2017 dt.01-10-2021

material facts about their participation in the selection process

from this Court. He has drawn my attention to the statement made

in paragraph 27 of the supplementary counter affidavit filed on

behalf of the respondent no. 4 wherein it has been specifically

stated that some of the petitioners had participated in the limited

competitive examination conducted by the Commission,

furnishing the list of some of them who had participated in the

examination against either or both of Advertisement No. 02 of

2016 and Advertisement No. 06 of 2016. He has urged that since

the petitioners have not approached this Court with clean hands,

this writ application deserves to be dismissed on the said score

alone.

16. Curiously, another I.A. No. 07 of 2021 has been filed

for withdrawal of writ application (C.W.J.C. No. 3846 of 2017) to

the extent the same relates to petitioners no. 29, 32, 44, 87 and

103, though no reason has been assigned as to why the said

petitioners are no more interested in this matter. It is not clear, as

to whether they are also such candidates who had participated in

the process of selection conducted by the Commission and for that

reason they are not interested in pursuing this matter, because of

their selection.

Patna High Court CWJC No.3846 of 2017 dt.01-10-2021

17. Intervention Applications have been filed in

C.W.J.C. No. 3846 of 2017 registered as I.A. No. 06 of 2020 and

I.A. No. 08 of 2020 seeking impleadment in the writ application

on behalf of those who are applicants pursuant to the said

Advertisement No. 02 of 2016 and Advertisement No. 06 of 2016

to oppose the writ petition. It is their case that because of the

interim order passed by this Court, 102 posts have been kept

reserved. In I.A. No. 08 of 2021, it has been stated that it would be

meaningless for the candidates, particularly the teachers of Social

Science like the intervenors to participate in the examination as

most of the posts would be treated to be filled up by the Teachers

on deputation, if the claim of the writ petitioners is accepted.

18. Mr. Mrigank Mauli, learned Senior counsel

representing the intervenors has argued that the petitioners were

admittedly deputationists, who have no right to hold the post after

coming into force of the Rules. He has submitted that there being

no ambiguity in the language of Rule 27 of the Rules, the State

respondents have no other option but to revert the petitioners back

to their own cadre. He contends that the said Rules having been

framed in exercise of power under the proviso to Rule 309 of the

Constitution of India is binding on everyone. He has further

submitted that in any case, the conduct of the petitioners in Patna High Court CWJC No.3846 of 2017 dt.01-10-2021

suppressing material facts from this Court in relation to

participation of some of the petitioners in the process of selection

which they have challenged in the present writ application, dis-

entitles them from consideration of their case in a proceeding

under Article 226 of the Constitution of India which is a

discretionary and equitable remedy. According to him, this writ

application deserves to be dismissed on the said score alone. He

has further contended that the petitioners acquiesced to accept the

post of Lecturer in DIET by posting on deputation basis and now it

is not open for them to canvass that they were appointed for being

regularized or absorbed against those posts.

19. I have perused the pleadings and materials available

on record and I have given anxious consideration to the rival

submissions made on behalf of the parties including the

intervenors.

20. It is the most fundamental principle of law relating

to public service that statutory rules framed, if any, dominate in

determining the process of selection, condition of service,

classification and control. The proviso to Article 309 of the

Constitution of India empowers the State to make rules regulating

the recruitment, conditions of service of persons appointed to such

service. The rules framed in exercise of power under proviso to Patna High Court CWJC No.3846 of 2017 dt.01-10-2021

Article 309 of the Constitution have force of law. There is no

gainsaying that though service of a person in a Government

establishment begins with something akin to contract but once

appointed to a post under the Government service, he acquires a

status. A statute or statutory rules which may be framed in relation

to such service would, determine his rights and obligations. It is

also well settled that legal position of a Government servant is

more of a status than of contract. The terms of his service are

governed by statutory rules, which may even be unilaterally

altered by the Government.

21. As has been noticed above, the State of Bihar has

framed rules in exercise of power under the proviso to Article 309

of the Constitution of India determining recruitment, promotion

and service conditions of Bihar Education Services namely Bihar

Education Service Rules, 2014. Part 4 of the said Rules deals with

Research and Training sub-cadre of Bihar Education Service. Sub-

Rule 4 of Rule 26 of the Rules states that the Officers

recruited/promoted and working prior to the above post will be

considered included in the sub-cadre. Rule 27 of the Rules, in

quick succession, provides that the officers appointed/promoted on

the post in the sub-cadre and having prescribed qualification shall

give option for inclusion in the sub-cadre. It further states Patna High Court CWJC No.3846 of 2017 dt.01-10-2021

unambiguously that such persons shall be reverted back to their

own cadre who:-

(i) have no qualification for the post in sub-cadre.

(ii) have not given option for inclusion in sub-cadre.

(iii) in case of working on deputation basis.

22. In case, it is concluded that the petitioners were

working on deputation basis against the posts falling in Research

and Training sub-cadre, they, by operation of Rule 27 of the Rules

will have to be reverted back to their own cadre. To determine this

aspect, the notice inviting applications for empanelment and the

documents through which they were posted, on the basis of which

the petitioners intend to establish their claim as raised in these

applications, need consideration. The notice has been brought on

record by way of Annexure 1 of C.W.J.C. No. 3846 of 2017. A

plain reading of the said notice leaves no room for doubt that it

was only for the purpose of preparation of a panel for posting as

Principal/Lecturer in various District Institutes of Education and

Training, Teachers Training Colleges, Primary Teachers Training

Colleges in the State, if they held the requisite qualification, as

prescribed therein. It is manifest that the State Government

intended to post Officials/Teachers working in Bihar Education

Service (Administrative cadre), Subordinate Education Service Patna High Court CWJC No.3846 of 2017 dt.01-10-2021

cadre and other Officers and Teachers working in Government

Primary/Secondary and Higher Secondary Schools. Annexure 2

dated 09.08.2012 is a letter written by the Director, Research and

Training, Education Department, Government of Bihar addressed

to the Director, Primary Education making a request to make

available services of those who were empanelled pursuant to the

notice (Annexure 1) for the purpose of their posting in Teachers

Training Colleges. Through letter dated 05.06.2013 addressed to

aspirants, issued by the Deputy Director, Research and Training

Education Department, Government of Bihar, they were asked to

exercise three options for purpose of their posting on deputation

basis. The petitioners knew that they were being posted on

deputation basis after their empanelment with their lien intact with

their posts which they substantively held. The office order dated

23.07.2013, whereby the petitioners and other similarly situated

persons were posted (Annexure 7) clearly indicated that the

petitioners were being 'posted on deputation basis'. The petitioners

themselves have stated in paragraph 19 in C.W.J.C. No. 3846 of

2017 that a total number of 150 candidates were posted as

Lecturers on deputation basis at different District Education and

Training Institutes and Primary Teachers Education Colleges. It is,

thus, not in dispute that the petitioners were posted on deputation Patna High Court CWJC No.3846 of 2017 dt.01-10-2021

basis through a process of empanelment of such persons already in

service, who held the requisite qualification and were willing for

such deputation.

23. Having concluded so, in my opinion, the provision

under Rule 27 of the Rules comes into play, which unambiguously

states that the persons working on deputation basis shall be

reverted back to their own cadre. It is the mandate of the statutory

rule that requires repatriation of the persons who were working on

deputation basis. The language of Section 27 is unambiguous. It is

evident on reading of the said provisions that the rule making

authority was conscious of the factual position that there were

persons working on deputation basis against different posts falling

in Research and Training sub-cadre under the Rules and it was

intentionally decided to repatriate them back to their own parent

cadre. Having concluded thus, in my opinion, there is no infirmity

in the impugned order no. 465 dated 22.11.2016 passed by the

Principal Secretary, Department of Education, Government of

Bihar rejecting the claim of the petitioners for their

regularization/absorption in Research and Training sub-cadre of

the Bihar Education Service.

24. Further, it is quite disturbing for this Court to note

that on the one hand some of the petitioners were admittedly Patna High Court CWJC No.3846 of 2017 dt.01-10-2021

participating in the process of selection conducted by the Bihar

Public Service Commission in accordance with the provisions

under Rule 28 of the Rules; suppressing this fact they approached

this Court by filing these applications and challenged the process

of selection itself. On the one hand, they wanted benefit of their

presence on deputation against the posts in question in order to

claim their absorption/regularization and challenged the process of

selection through direct recruitment/limited competitive

examination conducted by the Commission; on the other hand, at

the same time, they participated in the same process of selection.

Some of them got selected. They ventured to seek an interim order

from this Court, which was granted by an order dated 11.05.2017,

by concealing a material fact that many of them had participated.

Till last hearing of these matters, the petitioners have not clearly

come out with any specific statement as to which petitioners had

participated in the process of selection undertaken through

Advertisement No. 02 of 2016 and 06 of 2016. Only those, who

got selected in the process of selection, filed applications before

this Court for expunction of their names, which have been

allowed. In my opinion, the petitioners obtained interim order

from this Court dated 11.05.2017 by misrepresentation and

suppression of material facts.

Patna High Court CWJC No.3846 of 2017 dt.01-10-2021

25. Further, had Rule 27 of the Rules been brought to the

notice of this Court probably the interim order dated 11.05.2017

would not have been passed. This Court in paragraph 15 of its

order dated 11.05.2017 had directed that the posts, on which, the

petitioners were working shall not be filled up from the process

which is under challenge, until further orders of the Court. After

having obtained the interim order to the aforesaid effect, some of

the petitioners after their selection have informed this Court that

they have been selected and appointed also. The conduct of the

petitioners is highly reprehensible. They apparently approached

this Court with unclean hands, misled this Court on facts and

obtained interim order, as has been noticed above.

26. For the reasons discussed hereinabove, these writ

applications deserve to be dismissed and are accordingly

dismissed.

27. All Interlocutory Applications stand disposed of.

28. There shall be no order as to costs.

(Chakradhari Sharan Singh, J) AKASH/-

AFR/NAFR               NAFR
CAV DATE               N/A
Uploading Date         06.10.2021
Transmission Date      N/A