IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12850 of 2007 1. KAMLESH KUMAR SINGH, SON OF LATE BALDEO SINGH, RESIDENT OF VILLAGE & P.O.-CHINTAMANPUR, P.S.-PIPRA, DISTRICT- EAST CHAMPARAN AT MOTIHARI. 2. SAJJAD ALI, SON OF LATE SHEIKH BHANNU, RESIDENT OF VILLAGE & P.O.-AGARWA, P.S. TOWN MOTIHARI, DISTRICT-EAST CHAMPARAN AT MOTIHARI. ………PETITIONERS. Versus 1. THE STATE OF BIHAR. 2. THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3. THE DIRECTOR, PRIMARY EDUCATION, GOVERNMENT OF BIHAR, PATNA. 4. THE DIRECTOR, STATE COUNCIL OF EDUCATIONAL RESEARCH & TRAINING, DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT, GOVERNMENT OF BIHAR, PATNA. 5. THE REGIONAL DIRECTOR, NATIONAL COUNCIL FOR TEACHERS EDUCATION, BHUWANESHWAR. ……….RESPONDENTS. ----------- For the Petitioners : Mr. V.K. Singh & Mr. Pankaj Kumar Singh, Advocates. For the State : Mr. Piyush Lall, AC to AAG.III For the N.C.T.E. : Mr. S.N. Pathak, SCCG ---------- 09 12.10.2010 Heard learned counsel for the petitioners, learned counsel for the State and learned counsel appearing for the National Council for Teachers - 2 - Education. The issues arising in this writ petition are squarely covered by a Division Bench judgment of this Court in the case of Dr. Sushil Kumar Versus State of Bihar reported in 2010 (1) PLJR, 277. By that judgment the alleged invalidity in Rule 12 introduced by Rule 2 of Bihar Panchayat Elementary Teachers Employment and Service Condition Amendment Rules, 2009 was considered in detail and after considering the arguments made by several counsels appearing in batch of cases, the provisions have been found to be valid. The pointed attack on the last part of amended rule providing for removal of those who will not secure the minimum marks has also been dealt with in paragraph 14 of that judgment wherein the stand of the State has been indicated that after three years again evaluation test will be held but only for the purpose of awarding second consolidated increase in pay to those who will be successful but those who fail to get the minimum marks would not be removed from service on this ground. - 3 - This writ petition is also disposed of in terms of the aforesaid Division Bench Judgment. PN (Shiva Kirti Singh, J.) (Hemant Kumar Srivastava, J.)