Samir Sarswat vs The State Of Bihar
2023 Latest Caselaw 3980 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.10498 of 2020
     ======================================================

1. Samir Sarswat S/o Mariyanus Tigga Resident of Mohalla- East Murli Hill Bairagi Gaya, PS- Kotwali, District- Gaya.

2. Krishna Prakash Nand S/o Rup Narayan Prasad R/o Vill and P.O.-

Chhatibagh, PS- Chandauti, District- Gaya.

3. Kunal Ranjan S/o Late Baliram Upadhyaya R/o Vill- Magadh Colony, PO-

Magadh Medical, District- Gaya.

4. Aditya Narayan S/o Arvind Kumar Resident of Mohalla- House No- 181 (c), A.P. Colony, PS- Rampur, District- Gaya.

... ... Petitioner/s Versus

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

2. The Principal Secretary, Department of Education, Govt. of Bihar, Patna.

3. DEO, Gaya.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mrs. Shruti Sinha, Advocate For the Respondent/s : Mr. P.K. Shahi, AG ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 23-08-2023

The above writ petition has been filed by the

petitioners, four teachers, challenging the very Rules under

which they were appointed. They also claim regular pay scales of

basic grade and graduate teachers in the light of Article 14 of the

Constitution of India; without prejudice to the creation of a

regular professional and permanent cadre for the regular

appointment of Teachers Eligibility Test (TET) qualified persons.

2. The petitioners have prayed for an order of

quashing of the existing 'Bihar Panchayat Prarambhik Sikshak Patna High Court CWJC No.10498 of 2020 dt.23-08-2023

(Niyojan evam Seva Shart) Niyamavali, 2012' and to appoint

TET-qualified Graduate Grade teachers in the various districts.

3. Admittedly, all the petitioners were appointed

under the Niyamavali 2012, which is challenged by the

petitioners. The petitioners contention is that even persons

without TET qualifications have been appointed, and this creates

discrimination. The petitioners, as we noticed, also seek a

permanent cadre in which only TET-qualified persons can be

appointed.

4. The learned Advocate General appearing for the

State had first pointed out that as per Annexure-A filed along

with the counter affidavit in C.W.J.C. No. 10498 of 2020, which

is dated 21.08.2020, the Rules of 2012 have been repealed and

there is a new Rule enforced. As of now, the very continuance of

the petitioners is only since every action taken under the earlier

Rules are saved by the new Rule.

5. It is also pointed out that the prayer for equal pay

for equal work was rejected by the Hon'ble Supreme Court in

State of Bihar v. Bihar Secondary Teachers Struggle

Committee, (2019) 18 SCC 301.

6. The writ petition itself is misplaced according to

us since the petitioners are not sure as to whether they are

challenging the Rules or seeking regularization in sanctioned Patna High Court CWJC No.10498 of 2020 dt.23-08-2023

posts. If the challenge to the Rules are upheld, necessarily their

appointments would also fall to the ground.

7. Regularization and equal pay for equal work have

been elaborately considered by the Hon'ble Supreme Court in the

cited decision. It was held that any direction to disburse same

salary and emoluments to the Niyojit teachers would create great

imbalance and cause undue strain on budgetary resources.

Finding that the State action was not unfair or discriminatory, the

measure of creation of a separate cadre was held to be in

judicious and optimum utilization of available resources. The

Rules, as pointed out by the Advocate General, has been repealed

in August 2022, and the present writ petition was filed on

28.12.2020.

8. We find the entire exercise of this writ petition to

be misplaced and the petitioners misguided. The writ petition

stands dismissed.

(K. Vinod Chandran, CJ)

( Partha Sarthy, J) aditya/-

AFR/NAFR
CAV DATE
Uploading Date          28.08.2023.
Transmission Date