IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.633 of 2010 3 3.1.2011 MD.MANSOOR ALAM S/O ABDUL MAJEED R/O VILL.- KAMLA, P.S.- MANJHOL, BLOCK CHERIYA BARYARPUR, DISTT.- BEGUSARAI …… PETITIONER Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, DEPTT. OF HUMAN RESOURCE DEVELOPMENT, GOVT. OF BIHAR, PATNA 3. THE DISTRICT MAGISTRATE, BEGUSARAI 4. THE DISTRICT SUPERINTENDENT OF EDUCATION, BEGUSARAI 5. THE DISTRICT EDUCATION OFFICER, BEGUSARAI 6. THE BLOCK DEVELOPMENT OFFICER, NAWKOTHI, BEGUSARAI 7. THE BLOCK EDUCATION EXTENSION OFFICER, NAWKOTHI, BEGUSARAI …… RESPONDENTS ------ Heard learned counsel for the petitioner and learned counsel for the State. Petitioner has sought a declaration that Rule 6 of the Bihar Panchayat Primary Teachers (Appointment and Service Conditions) Rules, 2006 be declared ultra vires. According to the said Rule, only against post of Urdu teachers in the concerned schools appointment will be made of such persons who have qualification in Urdu having degree of Maulvi. - 2 - It is not in dispute that subsequently there was further amendment in the Rules, particularly in Rule 8. The substituted Rule 8 (2) now makes it clear that essential qualification for Block teachers is higher secondary/ intermediate or equivalent examination from a school/ college/ board recognized by the Government but it does not include “a degree of technical education (Polytechnic, Unani education) Physical education, language specific degree (Maulvi, Up-shastri) and the degree provided by the voluntary institutions (decided by the department)”. The legislative intent in framing the rules in question is now amply clear and the validity of the relevant rules after the aforesaid amendment in the year 2008 in Rule 8 (2) (ka) of the rules has been upheld by the Division Bench of this Court by judgment and order dated 16.1.2009 in the case of Perwez Alam & ors. V. the State of Bihar and analogous writ petitions reported in 2009 (2) PLJR 213. Learned counsel for the petitioner has fairly submitted that in view of amendment made in the year 2008 and the aforesaid Division Bench judgment, the - 3 - issue of ultra vires of the relevant Rule is no longer res integra. Following the aforesaid Division Bench judgment, this writ petition is dismissed. sk (Shiva Kirti Singh, J.) (Dr Ravi Ranjan, J. )