Fakhre Moin v. The State of Bihar
Case brief
What is this about?
exclusive teachers Bihar; Bihar School Exclusive Teachers Rules 2023 Rule 3 Rule 4 Rule 10; competency test CTT-2024 BSEB advertisement 25.01.2024; district preference merit allotment; provisional appointment letter 20.11.2024 Memo No.1590 15.11.2024; Amendment Rules 2024 Notification No.3054 19.12.2024 retrospective application; Memo No.2036 21.12.2024 cancellation quashed; rules of the game doctrine; legitimate expectation vested right crystallized entitlement; Articles 14 16 arbitrariness public employment; Local Bodies Teachers 2012 Rules; six weeks school allotment posting direction; Abhay Kumar Patel 2026 SCC OnLine SC 20 relied; Alok Kumar Sinha J; CWJC 6127/2025 batch.
What did the court decide?
All eleven connected writ petitions allowed. Memo No.2036 dated 21.12.2024 (and case-specific annexures) quashed to the extent applicable; subsequent provisional appointment letters issued under the 'Amendment Rules of 2024' quashed; retrospective effect to the Amendment Rules held arbitrary and unsustainable; respondents directed to give effect to the selection process under the 'Unamended Exclusive Teachers Rules, 2023'; earlier provisional appointment letters dated 20.11.2024 restored and to be acted upon; consequential appointment/posting orders to issue for petitioners who never received provisional letters (after cancelling any amendment-based letters); school allotment and posting in allotted districts to be completed within six weeks; pending I.As disposed of; no order as to costs.