Patna High Court
The Chairman, Bihar School Examination ... vs Pramod Pandit And Anr on 12 December, 2023
Author: P. B. Bajanthri
Bench: P. B. Bajanthri
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1571 of 2013
In
Civil Writ Jurisdiction Case No.753 of 2012
======================================================
Bihar School Examination Board Sinha Library Road, Patna Through Its
Chairman Namely Rajmani Prasad Sinha
... ... Appellant/s
Versus
1. Suresh Prasad S/O Late Jamuna Prasad R/O Mohalla- East Lohanipur,
Ambedkar Colony, P.O- Kadamkuan, P.S.- Kadamkuan, District- Patna
2. Prabhunath Pandey S/O Late Ramjanam Pandey Resident Of Village- Gulab
Chapra, P.S.- Matukpur, District- Bhojpur At Ara
3. Ranjeet Kumar Mishra S/O Late Jeevanand Mishra Resident Of Village
P.O.- Ratanpur, Via- Taregan Bazar, District- Supaul
4. Pradeek Kumar-Ii S/O Late Jagarnath Prasad Resident Of Village-
Purandarpur, P.O- Simri Nagar, District- East Champaran
5. Pradeep Kumar -I S/O Sri Sahdeo Yadav Resident Of Village P.O.- Ekchari,
P.S.- Kahalgaon, District- Bhagalpur
6. Anil Kumar S/O Anorodh Prasad Resident Of Village- Vikhachak Naya
Tola, P.O.- Anisabad, P.S.- Gardanibagh, District- Patna
7. Sadhu Choudhary @ Sadhy S/O Jitan Yadav Resident Of Village- Salar
Kalan, P.O.- Lon Bazar, P.S.- Phulwaria, District- Gopalganj
8. Safi Alam Ansari S/O Anir Alam Ansari Resident Of Village- West
Ajimganj, Mamin Tola, P.S.- Haweli Kharagpur, District- Munger
9. Surendra Kumar S/O Sri Bharat Singh Resident Of Village- Kheladia, P.O.-
Gotwa, District- Rohtas
10. Dilip Kumar-I S/O Late Hadeo Prasad Singh Resident Of Village- Debr
Maheshpur, P.O- Somnathpur, P.S- Kahalgaon, District- Bhagalpur
11. Md. Kaisar S/O Late Abdul Kadir Resident Of Village- Lodi Katra, P.O.-
Jhauganj, P.S- Khajekalan, Patna City, Patna- 800008
12. Bhrigunath Yadav S/O Late Roushan Yadav Resident Of Village- Gopalpur
Bhaishi, P.O.- Mateya, P..S- Kuchaikot, District- Gopalganj
13. Rameshwar Rai S/O Late Sadhu Prasad Resident Of Village-
Ghanshyampur, P.O.- Sadisopur, P.S.- Naubatpur, District- Patna
14. Manoj Kumar Yadav S/O Late Sri Srimant Yadav Resident Of Village-
Shankarpur, P.O.- Shankarpur, P.S.- Muffasil, District- Munger
15. Ram Rekha Raut S/O Late Sanup Raut Resident Of Village- Akhta, P.O.-
Akhta, P.S.-Bargania, District- Sitamarhi
16. Rabindra Yadav S/O Shukhal Yadav Resident Of Village- Karmeni Gangi,
P.O.- Netua Dalalpur, P.S- Kuchaikot, District- Gopalganj
17. Umesh Yadav S/O Bhagirashan Yadav Resident Of Village- Salarkhurd, P.O-
Kaikoli Bado, P.S- Phulwaria, District- Gopalganj
18. Anant Kumar Sinha S/O Sri Ramji Yadav Resident Of Village- Dharampur,
Patna High Court L.P.A No.1571 of 2013 dt.12-12-2023
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P.O.- Hulasganj, P.S.- Hulasganj, District- Jehanabad
19. Nanhu Yadav S/O Sri Nandlal Yadav Resident Of Village- Khajuria Birti
Tola, P.O- Khajuriya, P.S- Siddhbalia, District- Gopalganj
20. Bijendra Prasad S/O Sri Jagdish Prasad Resident Of Village- Matiapur, P.O.-
Jamsot, P.S- Sahpur, District- Patna
21. Vijay Kumar S/O Late Rameshwar Prasad Resident Of Village- Karirampur,
P.O.- Rajipur, P.S.- Rani Talab, District- Patna
22. Anil Kumar S/O Late Sahdeo Mahto Resident Of Village- Khaspur, P.O.-
Sadisopur, P.S- Naubatpur, District- Patna
23. Umesh Prasad Se/O Late Ramji Prasad Resident Of Village P.O.- Ghuskuri,
P.S.- Ariari, District- Sheikhpura
24. Sanjeev Kumar Choudhary S/O Sri Anandi Prasad Choudhary Resident Of
Village- Janakpur, P.O.- Sahora, Via- Tatapur, P.S.- Sangrampur, District-
Munger
25. Manoj Kumar S/O Shri Uttam Das Resident Of Village- Jawadi, P.O.- Turki,
District- Muzaffarpur
26. Pramod Kumar S/O Late Rajnarayan Mishra Resident Of VillageP.O-
Bhagat, Via- Manigachhi, District- Darbhanga
27. Udai Kumar-Ii S/O Rajnandan Singh Resident Of Village- Kebdha, P.O-
Barni, P.S.-Dhanarua, District- Patna
28. Udai Kumar S/O Late Radhe Rai Resident Of Village- Ghanshyampur, P.S-
Sadisopur, P.S.-Naubatpur, District- Patna
29. Vishuchand Yadav S/O- Late Mukhlal Yadav Resident Of Village- Nadwan,
P.O- Jagdari Barkatta, P.S- Bhore, District- Gopalganj
30. Baleshwar Yadav S/O- Sri Bindeshwar Yadav Resident Of Village P.O.-
Supi, P.S.- Makhdumpur, District- Jehanabad
31. Dilip Kumar Singh S/O Late Rajeshwar Prasad Singh Resident Of Village-
Mankutha Bigha, P.O- Khanpura, P.S- Paliganj, District- Patna
32. Chandrama Choudhary S/O Sri Ambika Choudhary Resident Of Village-
Rampur Kalan Magirwa, P.O- Radhaganj Bazar, P.S- Phulwaria, District-
Gopalganj
33. Kalo Devi D/O Bhagora Mahto R/O Mohalla- Gosai Tola,, P.O.- Patliputra,
District- Patna
34. Hari Mohan Yadav S/O- Late Ram Kishun Prasad Yadav R/O Mohalla-
Begumpur, Phitari, Patna City, District- Patna
35. Ramji Ram S/O Sri Bala Ram Resident Of Village P.O.- Tehta Math, P.S.-
Madhdumpur, District- Jehanabad
36. Madho Yadav S/O Late Kamta Yadav Resident Of Village- Lalu Ke Dera,
P.O.- Lakhmi Ke Dera, P.S- Shahpur, District- Bhojpur
37. Prabhu Prasad S/O- Ramswaroop Prasad Yadav Resident Of Village-
Ranipur Khidki, P.O.- Jhauganj, Patna City, District- Patna
38. Pramod Kumar-I S/O Sri Ramnandan Singh Resident Of Village- Salkhani,
P.O- Sindhiya Ghat, P.S.- Bibhutipur, District- Samastipur
Patna High Court L.P.A No.1571 of 2013 dt.12-12-2023
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39. Hemant Kumar S/O Late Jangali Ram Yadav R/O Mohalla- Sheikhpura
Bailey Road, District- Patna
40. Kamaldeo Kumar S/O- Sri Chandradeep Prasad Verma Resident Of Village-
Panithi, P.O.- Panithi, P.S- Bihta, District- Patna
41. Upendra Kumar S/O Sri Manik Singh Resident Of Village P.O.- Misi, P.S-
Bakhtiyarpur, District- Patna
42. Ram Sakal Rai S/O Sri Sonelal Rai Resident Of Village- Birsigpura,
Mahmadpur, P.S.- Kalyanpur, District- Samastipur
43. Jeevan Kumar Yadav S/O Sri Baleshwar Yadav Resident Of Village-
Jamnipur, P.O- Mango Bandar, P.S.- Khera, District- Jamui
44. Shiv Kumar Yadav S/O- Late Dasai Yadav Resident Of Village- Hardiya Ke
Mathia, P.S- Jagdishpur, District- Bhojpur
45. Ambuj Kumar S/O Late Ramswaroop Singh Resident Of Mohalla- 28,
Patlipurta Colony, District- Patna
46. Umakant Prasad Yadav S/O Sri Awadhesh Prasad Resident Of Village-
Kolhar, P.O- Fatuha, P.S- Fatuha, District- Patna
47. Shankar Kumar S/O Late Dalo Ram Resident Of Village- Tuhwa Sota Dih,
P.OP.S- Belhar, District- Banka
48. Dharamveer Paswan S/O Rajnandan Paswan Resident Of Village-
Habibullah Chak, P.O- Narsanda, P.S.- Chandi, District- Nalanda
49. Shambhu Paswan S/O Late Ganga Paswan R/O Village- Ghahumi Nepalpur,
P.O- Lal Shahpur, P.S- Mabbi, O.P- Sadar, District- Darbhanga
50. Ajay Kumar Ajay S/O Late Adhik Lal Yadav Resident Of Village P.O.- West
Ajimganj, Bhaiya Lal Tola, Haveli Kharagpur, District- Munger
51. The State Of Bihar Throug The Chief Secretary, Govt. Of Bihar, Patna
52. The Principal Secretary, Human Reseources Development Department,
Govt. Of Bihar, Patna
53. The Director, Higher Secondary Education, Human Resources Development
Department, Govt. Of Bihar, Patna
... ... Respondent/s
======================================================
with
Letters Patent Appeal No. 1163 of 2017
In
Civil Writ Jurisdiction Case No.1299 of 2009
======================================================
1. The Chairman, Bihar School Examination Board, Patna
2. The Secretary, Bihar School Examination Board Higher Secondary, Patna.
3. The Budget and Accounts Officer, Bihar School Examination Board Higher
Secondary, Patna.
... ... Appellant/s
Versus
Patna High Court L.P.A No.1571 of 2013 dt.12-12-2023
4/8
1. Pramod Pandit and Anr son of Sri Ramji Pandit, permanent resident of
Village- Gopalpur, P.S.- Cheria Bariarpur, P.O. Akopur, District- Begusarai,
presently posted as 'Daftari' in Bihar School Examination Board Higher
Secondary, Fraser Road, Patna.
2. The State of Bihar.
... ... Respondent/s
======================================================
Appearance :
(In Letters Patent Appeal No. 1571 of 2013)
For the Appellant/s : Mr. Satyabir Bharti, Advocate
For the State : Mr. Suresh Kumar, AC to GP1
For the Respondent/s : Mr. Siddhartha Prasad, Advocate
Mr. Sunil Kumar, Advocate
Mr. Om Prakash Kumar, Advocate
Mr. Kameshwar Singh, Advocate
(In Letters Patent Appeal No. 1163 of 2017)
For the Appellant/s : Mr. Satyabir Bharti, Advocate
For the State : Mr. S. S. Tiwary, AC to AG13
For the Respondent/s : Mr. Siddhartha Prasad, Advocate
Mr. Sunil Kumar, Advocate
Mr. Om Prakash Kumar, Advocate
Mr. Kameshwar Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 12-12-2023
Present matters heard from time to time and
are being adjourned for one or other reason.
2. Gist of the matter is that respondents were
stated be employed with the then Bihar Intermediate Education
Council, Patna, State of Bihar and such appointments were
made on ad-hoc basis. Thereafter, council took a decision to
regularize their services on 06.07.2005. The same was not given
effect in the form of creating service book, extending service
and monetary benefits from time to time. They have not
Patna High Court L.P.A No.1571 of 2013 dt.12-12-2023
agitated immediately, when things stood thus Act was repealed.
3. The Bihar Intermediate Education Council
(repealed) Act, 2007 was introduced w.e.f. 13.04.2007.
Respondents were part and partial of Bihar School Examination
Board. The then council failed to proceed further in respect of
service condition of the respondents to the effect in not
generating service book and extending all service and monitory
benefits from time to time. On this issue, Bihar Intermediate
Education Council (repealed) Act, 2007 is silent. However, in
respect of daily wage and ad-hoc employees are concerned,
there are certain provisions in respect of constitution of
committee and other issues. However, Bihar Intermediate
Education Council (repealed) Act, 2007 is silent in respect of
such of those ad-hoc/daily wage employees, whose services
were regularized by the then council. In other words vacuum
has been created while introducing the Bihar Intermediate
Education Council (repealed) Act, 2007 in respect of service
conditions or class of persons like respondents whose service
have been regularized and consequential reliefs have not been
extended. On the other hand appellant-Board are of the view
that respondents services have not been regularized and initially
appointment are not in order and other issues have been racked
Patna High Court L.P.A No.1571 of 2013 dt.12-12-2023
up at belated stage.
4. At this stage, it is necessary to take note of
the regularization order passed by the then council. It is also to
be noted that as long as regularization order dated 06.07.2005
has not been withdrawn/cancelled/reviewed by the competent
authority. The appellant-board cannot take a decision that
respondents initial services were not in accordance with law and
other issues. In other words, appellant-Board are bound by the
action of the then council, in so far as regularization of the
respondents. In other words, respondents did not fall under
category of daily wager and ad-hoc employee as on the date of
repealing of Bihar Intermediate Education Council Act, 2007,
since their services have been regularized w.e.f. 06.07.2005. For
no fault of the respondents, they shall not be panelized due to in
action in not generating service book and extending service
benefits including monitory benefits by the then council for a
period of two years. Therefore, it is not appropriate to interfere
with the order of learned Single Judge.
5. The Supreme Court in the case of Secretary,
State of Karnataka vs. Uma Devi reported in (2006) 4 SCC 1, it
is held that if any regularization is already undertaken by the
authorities, those regularization cannot be re-opened, this may
Patna High Court L.P.A No.1571 of 2013 dt.12-12-2023
also be taken note of by the appellant-Board, while generating
service book and extending service and monetary benefits to the
respondents, paragraph no. 53 reads as under:
"53. One aspect needs to be clarified.
There may be cases where irregular
appointments (not illegal appointments) as
explained in S.V. Narayanappa, R.N.
Nanjundappa and B.N. Nagarajan and
referred to in para 15 above, of duly
qualified persons in duly sanctioned vacant
posts might have been made and the
employees have continued to work for ten
years or more but without the intervention of
orders of the courts or of tribunals. The
question of regularisation of the services of
such employees may have to be considered
on merits in the light of the principles settled
by this Court in the cases abovereferred to
and in the light of this judgment. In that
context, the Union of India, the State
Governments and their instrumentalities
should take steps to regularise as a one-time
measure, the services of such irregularly
appointed, who have worked for ten years or
more in duly sanctioned posts but not under
cover of orders of the courts or of tribunals
and should further ensure that regular
recruitments are undertaken to fill those
vacant sanctioned posts that require to be
Patna High Court L.P.A No.1571 of 2013 dt.12-12-2023
filled up, in cases where temporary
employees or daily wagers are being now
employed. The process must be set in motion
within six months from this date. We also
clarify that regularisation, if any already
made, but not sub judice, need not be
reopened based on this judgment, but there
should be no further bypassing of the
constitutional requirement and regularising
or making permanent, those not duly
appointed as per the constitutional scheme."
(Underline supplied)
6. Accordingly, both the L.P.A. No.1571 of
2013 and L.P.A. No.1163 of 2017 are dismissed.
(P. B. Bajanthri, J)
( Ramesh Chand Malviya, J)
S.Katyayan/-
AFR/NAFR NAFR
CAV DATE N.A.
Uploading Date 18.12.2023
Transmission Date N.A.
