IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.13297 OF 2007 1. Awadhesh Kumar Singh, son of Sri Raj Narayan Singh resident of village-Sipah, P.O. and P.S. Basantpur, District-Siwan, presently posted as Panchayat Shikshak in Middle School, Basantpur, Anchal Basantpur, District-Siwan. Surendra Kumar Singh, son of Sri Dargoga Singh, resident of village-Bansohi, P.O. Khedwa, via- Basantpur, P.S.-Basantpur, District-Siwan. 2. Surendra Kumar Singh, son of Daroga Singh, resident of village- Bansohi, P.O. Khedwa, via-Basantpur, P.S. Basantpur, District- Siwan 3. Sheo Mangal Singh, son of Late Shivdhari Singh, resident of village-Malmalia, P.O. Basantpur, P.S.-Bhagwanpur, Hatt, District- Siwan, presently posted as Panchayat Shikshak in Primary School, Rajpur, Anchal-Basantpur, District- Siwan ……..…………………… Petitioners Versus 1. The State Of Bihar through the Chief Secretary, Government of Bihar, Old Secretariat, Patna. 2. The Secretary, Primary and Adult Education Department, Government of Bihar, New Secretariat, Patna. 3. The Director, Primary and Adult Education Department, Government of Bihar, New Secretariat, Patna. 4. The Director, State Council of Education, Research and Training Department of Human Resources Development, Government of Bihar, Patna. 5. The District Superintendent of Education, Siwan, District-Siwan. ……………………. Respondents ====================================================== 2 With CIVIL WRIT JURISDICTION CASE No.13267 Of 2007 ====================================================== 1. Arjun Kumar Singh, son of Late Bashishta Singh, resident of village-Sarsar , P.O. Siwan Muffasil, District-Siwan, presently working as Panchayat Shikshak in Navsrijit Primary School, Alapur, Anchal-Baraharia, District-Siwan. 2. Usha Kumari, wife of Chandra Shekhar Singh, resident of village- Basawan, P.S. Basantpur, District-Siwan, presently posted as a Panchayat Shikshak in Nationlise Primary School Girls, Basawan, Panchpatiya, Block-Basantpur, District-Siwan ……………………….. Petitioners Versus 1. The State of Bihar through the Chief Secretary, Government of Bihar, Old Secretariat, Patna. 2. The Secretary, Primary and Adult Education Department, Government of Bihar, New Secretariat, Patna. 3. The Director, Primary and Adult Education Department, Government of Bihar, New Secretariat, Patna 4. The Director, State Council of Education, Research and Training, Department of Human Resource Development, Government Bihar, Patna. 5. The District Superintendent of Education, Siwan, District- Siwan. ====================================================== Appearance : In CWJC No.13297 of 2007 For the Petitioners: Mr. S.B.K. Mangalam, Advocate For the Respondents: Mr. Vikash Kumar, A.C. to A.A.G-1 In CWJC No.13267 of 2007 For the Petitioners: Mr. S.B.K.MANGALAM, Advocate For the Respondents: Mr. Vikash Kumar, A.C. to A.A.G-1 ====================================================== 3 CORAM: HONOURABLE THE CHIEF JUSTICE AND HONOURABLE MR. JUSTICE JYOTI SARAN ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) 17.01.2011 Petitioners in both these petitions are elementary school teachers appointed on consolidated pay under the Bihar Panchayat Elementary Teachers (Employment and Service Condition ) Rules, 2006 (hereinafter referred to as the “Rules”). The petitioners have challenged the validity of Rule 12(iii) of the Rules. The said Rule 12(iii) of the Rules has since been amended by Rule 2 of the Bihar Panchayat Elementary Teachers (Employment and Service Condition) Rules, 2009. The said Rule 12(iii) as it stood then provided for the efficiency bar in respect of the trained and untrained teachers appointed under the Rules. The impugned Rule 12(iii) of 2006 Rules reads as follows:- “izR;sd rhu o"kksZa ds ckn ;Fkk funsZf’kr ewY;kadu ds vk/kkj ij uxj&f’k{kd ¿izf’kf{krÀ vius ,d eq’r osru esa 500 :i;s izfr ekg o`f) ds gdnkj gksaxs rFkk uxj f’k{kd ¿vizf’kf{krÀ 300 :i;s izfrekg o`f) ds gdnkj gksaxA” The constitutional validity of the said Rule 12(iii) and its amendment under the amendment Rules of 2009 has been examined and upheld by this Court in the matter of Dr. Sushil Kumar & Ors. versus The State of Bihar & Ors. 4 [2010(1) PLJR 277]. In our view the impugned Rule 12(iii) having been held intra vires, the challenge in the present case deserves to be rejected. For the reasons aforesaid, these petitions are dismissed. The parties will bear their own costs. Patna High Court/ Dated the 17th January 2011/ Bibhash/N.A.F.R. ( R.M. Doshit, CJ.) (Jyoti Saran, J.)