IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3698 of 2000 BIHAR SCIENTIFIC SERVICE ASSOCIATION THROUGH ITS PRESIDENT SHASHI BHUSHAN PRASAD SON OF LATE SHIVA PRASAD WORKING AS ASSISTANT RESEARCH OFFICER, IRRIGATION RESEARCH INSTITUTE, KHAGAUL RESIDENT OF NALA ROAD, SHIVA DHAM, PATNA- 800003. . . . . . PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY TO GOVT. OLD SECRETARIATE, PATNA. 2. SECRETARY TO GOVERNMENT, ROAD CONSTRUCTION DEPARTMENT BIHAR, VISHWESWARIYA BHAVAN, BAILY ROAD, PATNA. 3. SECRETARY TO GOVERNMENT, DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT, BIHAR OLD SECRETARIATE, PATNA. 4. COMMISSIONER-CUM-SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT BIHAR, OLD SECRETARIATE, PATNA. 5. SECRETARY TO CABINET-CUM-COORDINATION DEPARTMENT, BIHAR, OLD SECRETARIATE, PATNA. 6. CHIEF ENGINEER, CENTRAL DESIGN ORGANISATION, ROAD CONSTRUCTION DEPARTMENT, BIHAR, C.D.O. BUILDING, BAILY ROAD, PATNA. 7. JOINT SECRETARY TO GOVERNMENT ROAD CONSTRUCTION DEPARTMENT, BIHAR VISWESHWARIYA BHAVAN, PATNA. ----------- 9/ 07.02.2011 Heard Mr. Girish Nandan Prasad Singh, and Mr. Shashi Bhushan Kumar, learned Standing Counsel No.7. The petitioner challenges the validity of Bihar Technical Service Rules 1999. We have perused the materials on record and considered the submissions of learned counsel for the parties. Learned Single Judge of this Court by order dated 12.02.1998 passed in C.W.J.C. No. 7701 of 1997 (Shambhu Sharan Pathak & Ors. Vs. The State of Bihar & Ors.), had directed the State Government to frame Rules which would govern the recruitment and other terms and conditions of service of all the personnel who are represented by the present petitioner. In due observance of the orders of this Court, the State Government, in exercise of the powers conferred by Article 309 of 2 the Constitution of India, framed the aforesaid Rules. The grounds on which the petitioner challenges the validity of the Rules as set out in paragraph 18 of the writ petition, and are reproduced herein below: “18. That it is relevant to point out that under the notification of 8.11.1999 (Annexure-12) The Bihar Technical Service Rules, 1999 i.e. Rules 1999 have been framed without taking into the consideration of the basic principles accepted and implemented Service conditions already available to the Cadre of Scientific and Research Personnel by the Govt. The following points arise for consideration:- 1) The nomenclature of the Bihar Scientific Service 30.3.1984 was changed by Bihar Technical Service Rules, 1999. 2) The existing six levels of categories of Research Staff since 31.10.1979 have been reduced to 5 levels. 3) The provision of promotion to the Scientific Personnel on the post of Additional Director and Director has been abolished. 4) The gazetted status of Assistant Research Officer since 29.5.1979 has been converted into non-Gazetted status. 5) The minimum prescribed educational qualification for the post of Research Assistant since 30.11.1972 has been down graded. 6) The essential criteria for entering in the basic grade and other facility of a service in the state have been eliminated. 7) The existing periods of Kalawadhi prescribed for promotion from lower post to higher post since 30.3.1984 has been enhanced ignoring the established 3 norms. 8) The basic principles for conversion of lower post into higher post have been violated. 9) The existing provisions for departmental examination and professional examination in the Road Construction Department have been discriminately changed only in the cadre of Scientific and Research Personnel. 10) The change of the existing beneficial service conditions should be prospective and not retrospective.” It appears to us on a perusal of the same that the petitioner seeks to challenge the validity of the Rules inter alia, on the ground that the administrative structure with respect to the service in question created under the Rules is unsatisfactory, inefficacious and will not produce the desired results. It is entirely for the Legislature to create the structure and define the terms and conditions of service of the employees in the Rules which seeks to govern them. This Court is reluctant to interfere with the administrative structures created by Acts or Rules of the Legislature. We, therefore, do not find any merit in the writ petition. It is accordingly dismissed. Uday/- (S. K. Katriar, J.) (S. P. Singh, J.)