Petitioners, selected teachers ousted due to B.Ed. delays, challenged non-issuance of appointment letters under new 2023 Rules. Court directed respondents to issue letters within four weeks.
Direction to issue appointment letters to petitioners within four weeks from the date of receipt of this order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13398 of 2023
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... ... Petitioner/s Versus
... ... Respondent/s
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Appearance : For the Petitioner/s : Mr.Shashank Chandra For the Respondent/s : Mr.Subhash Chandra Mishra (Sc16) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT Date : 06-03-2024
Heard learned counsels for the parties.
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I) For holding and declaring that the Provision contained in Rule 19 (ii) of the Bihar State School Teacher (Appointment, Transfer, Disciplinary Proceedings and Service Conditions) Rules, 2023 will not be applied in the selection process of the petitioners, as the Selection Process of 6th Phase of appointment of Secondary and Senior Secondary Teachers was initiated in the Year 2019 and the petitioners having participated in the same have a right for consideration of their appointment, which was at fag end and only a formality of issuing appointment letter to the petitioners were required to be carried. Further, by the said Rule, the Legislature has even impinged upon the settled right of the petitioners for being consider for appointment.
II) For commanding the Respondents especially the Respondent No. 6 to forthwith issue appointment letter to the petitioners and also to accept their joining, in view of the fact that the petitioners are selected candidates having highest merit rank in the merit cum select list, for appointment on the post of Secondary Teachers in pursuance of the initiation of 6th phase of appointment of Secondary and Senior Secondary Niyojit Teachers, initiated vide notification contained in Memo No. 1142 dated 01.07.2019
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and also to act strictly in accordance with law. III) For issuance of any other appropriate order/orders and/or direction/directions for which the petitioners shall be found entitled under the facts and circumstances of the case.
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Examination in the Year 2018 and some of them in the year 2019, as such, they were ousted from the selection process.
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seats for differently able category varied, on account of which fresh opportunity was granted to the candidates belonging to differently abled eye category.
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and their result have been declared by 26.09.2019. After issuance of the aforesaid Order dated 15.02.2022, the Director Secondary Education again vide notification contained in Memo No. 817 dated 25.04.2022 issued a fresh schedule for the selection process in question. It is further submitted that again fresh applications were invited from the eligible candidates and the date for issuance of appointment letter was prescribed as 28.07.2022.
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the Zila Parishad, Saran till the issuance of the memo dated 15.09.2022 did not take any step to complete the selection process despite the fact that time to time the Department of Education issued fresh schedule for completing the selection process, but on account of the inaction of the Authorities of Zila Parishad, Saran, the process was not completed. It is further submitted that after issuance of the memo dated 15.09.2022, the authorities Zila Parishad, Saran, rose from their slumber and issued a letter no. 252 dated 19.09.2022, prescribing the date of counselling as 26.09.2022, for the candidates who have submitted their applications in the selection process. On 21.09.2022 itself the Zila Parishad Saran issued the final subject wise merit list of the candidates, who participated in the selection process. The names of the petitioners got mentioned in the said merit list under their respective subjects. Subsequently, the petitioners along with other candidates appeared in the counselling which was scheduled on 26.09.2022. All the petitioners having secured the merit rank in their respective subjects were selected for appointment and accordingly, their original certificate were taken by the authorities of Zila Parishad, Saran for verification as well as for further action, even till date, the certificates of the petitioners are still with the
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Zila parishad, Saran. Since the petitioners were selected in the counselling on 26.09.2022 itself as such the appointment letter would have been issued to them on 28.09.202. However, in the meantime the Director, Secondary Education issued an order contained in memo no. 1877 dated 26.09.2022 by which earlier memo dated 13.01.2020 as well as memo dated 31.01.20220 by which the candidates who pursued their B.Ed. in the session 2016-18 were permitted to participate were stayed in pursuance of the direction issued in LPA No. 269 of 2022. On account of the issuance of aforesaid order dated 26.09.2022, the appointment letters were not issued to the petitioners, as the petitioners have pursued their B.Ed. in the session 2016-18 and 2017-19. However, apart from the petitioners, appointment letters issued to the other candidates who had completed their B.Ed. till 2017.
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26.09.2022 was set aside and all the Niyojan units were directed to issue appointments letters to the selected candidates by 31.03.2023. Despite the specific direction of the Director Secondary Education to issue appointments letters to the selected candidates by 31.03.2023, the same was not issued to the petitioners.
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submitted, as such the same gives the petitioners a right to be considered for appointment, but on account of enforcement of the aforesaid clause, in the 2023 Rules, the appointment letters were not issued in favour of the petitioners. They represented before several authorities regarding the same, but their appointment letters have not issued yet.
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Commissioner cum Chief Executive Officer, Zila Parishad, Saran at Chapra (respondent no.6) to take steps in accordance with law and issue the appointment letters to the petitioners within a period of four weeks from the date of receipt/production of a copy of this order.
(Anjani Kumar Sharan, J)
divyanshi/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| Uploading Date | 22.03.2024 |
| Transmission Date | NA |
2 issues framed by the court
Whether Rule 19(iii) of the 2023 Rules bars appointment of teachers selected prior to the notification of new rules for the phasewhile awaiting issuance of appointment letters.
How the respondents should issue appointment letters to selected teachers within 4 weeks.
1 provisions across 1 enactments
Ravi Prakash and Others
The State of Bihar
Zila Parishad, Saran
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
