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2011 DIGILAW 866 (PAT)

State of Bihar v. Vinay Kumar Singh

2011-04-28

AKHILESH CHANDRA, T.MEENA KUMARI

body2011
ORDER : The entire batch cases arises out of common order dated 24.03.2009 passed by learned Single Judge in C.W.J.C. No. 10631 of 2008. These appeals have been preferred by the State contending that the appointments of the petitioners-respondents herein made in the year 2006 were terminated, who were initially appointed on the post of Panchayat Sikcha Mitra and subsequently absorbed on the post of Panchayat Teachers, in terms of Rule 20(ii)(iii) of 2006 Rules. 2 Case of the appellants in these L.P.As. is that the writ petitioners-respondents herein were disqualified from appointment on the basis of degrees they were holding as a result of which their services as Panchayat Siksha Mitra were terminated and subsequently they were absorbed to the post of Panchayat Teacher in terms of Rule 20(ii)(iii) of 2006 Rules. It is also their case that the appointments have been made as per 2006 Rules. The necessary educational qualification for appointment on the post of Prakhand Teacher and Panchayat Teacher is intermediate pass. 3. We have also examined the degree of Up-Shastri which has been recognized by the State Government is equivalent to the intermediate degree. In that view of the matter, the appellants have no jurisdiction to declare the Up-Shastri Degree holder to be not eligible or fit for appointment on the post of Panchayat Teacher which is in violation of Rules framed by the State Government in exercise of the powers of the State Government. 4. It has been contended before the learned Single Judge as also before us that the respondents-appellants herein by virtue of letter no 4240 dated 15.11.2007 issued by the Principal Secretary declares the degree of Up-Shastri as equivalent to intermediate degree. It has further been contended before us that the appointments were made by virtue of the Rules which had come into force with effect from August 2008. All the petitioners-respondents herein are not entitled to be continued as Primary/Prakhand Teacher, for the reasons that the persons holding any degree after 2006 Rules, being amended were not eligible to hold the post of teacher (General). It is also further contended by the appellants the persons holding Up- Shastri Degree cannot be appointed on the post of Primary Teachers for the reasons that Sanskrit is not taught at Primary level. 5. It is also further contended by the appellants the persons holding Up- Shastri Degree cannot be appointed on the post of Primary Teachers for the reasons that Sanskrit is not taught at Primary level. 5. But, however, the learned Single Judge after hearing the matter has observed that the amended provision of 2008 Rules cannot have any impact on the petitioners-respondents herein who have been appointed as Panchayat/Prakhand Teachers as the amended rule is effective only prospectively and not retrospectively. The learned Single Judge has also directed the District Superintendent of Education, East Champaran, Begusarai, Supaul, Araria and Katihar to reinstate the petitioners-respondents herein forthwith in case termination order has been issued to them and they were restrained from discharging their duties. It has further been directed by learned Single Judge to ensure payment of arrears of salary as well as current salary to the petitioners-respondents herein for which they are entitled and further directed to allow the petitioners-respondents herein to discharge their duties. 6. The above findings of the learned Single Judge is also questioned in the present Letters Patent Appeals by learned Standing Counsel, (J.C. to Government Pleader) by contending that by virtue of amended rules, the petitioners-respondents herein were continued on the posts of Primary/Prakhand Teacher on the degrees of Up-Shastri and Maulvi who were absorbing as Panchayat Teachers in terms of Rule 20 (ii)(iii) of 2006 Rules for the reasons that 2008 Rules is very specific in nature with regard to educational qualification which has been prescribed under 2008 Rules. 7. Learned counsel appearing on behalf of the petitioners-respondents herein have relied upon a decision of the Division Bench of this court passed in C.W.J.C. No. 15646 of 2008 with other analogous cases whereby the Division Bench of this court after hearing on the point of constitutional validity of the rules i.e. constitutional validity of Rule 4 of the Bihar Panchayat Prathmik shikshak (Appointment and Service Condition)(Amendment) Rules 2008, has upheld that this rule which deals with qualification, appointment and service condition (Amendment) Rules 2008, also deals with qualification for appointment of Panchayat Teacher (General), by virtue of which, the persons holding the qualification of Maulvi and Up- Shastri were held to be eligible and considered for appointment in terms of the aforesaid rules. 8. 8. The learned counsel for the respondents have also submitted that when the rules have been upheld by Division Bench of this court, the appellants have no occasion to submit that they should fall back the rule 4 to remove the services of the petitioners-respondents herein who have been appointed in pursuance to 2006 Rules. 9. We find some force in the contentions made on behalf of the petitioners-respondents herein that when the 2008 Rules have been upheld by rule 4 of Bihar Panchayat Prathmik Shikshak (Appointment and Service Condition)(Amendment) Rules 2008, on account of which service condition of amended rule of 2006 have been upheld by Division Bench of this court, in C.W.J.C. No. 15646 of 2008, and the said order has become final. 10. We are of the opinion that the rules cannot be made with retrospective effect by terminating the services of the petitioners-respondents herein or they have not been asked to render their services on the particular category. 11. As no material has been produced before this court by counsel appearing on behalf of the appellants that the petitioners-respondents herein have not obtained their degrees from the respective universities with reference to the qualification as framed by Rules 2006, therefore, we rely upon the decision of Division Bench of this Court stated supra, and hence case of the appellants fails. 12. We are in agreement with the contention raised by learned counsel for the petitioners-respondents herein. Accordingly, these Letters Patent Appeals has to be dismissed. 13. In that view of the matter, we confirmed the order of learned Single Judge and accordingly, these Letters Patent Appeals stand dismissed.