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Judgment
Heard learned counsel for the petitioner, Mr. Pushkar
Narain Shahi, learned Additional Advocate General no. 6, for the
State and learned counsel for the respondent no. 10.
Pursuant to the previous order, the Principal Secretary,
Department of Education, Government of Bihar, Patna is also present.
The petitioner was aggrieved by his removal from the
post of teacher on the general post though possessing the degree of
Maulvi on the ground that as per Rule 6 of the Bihar Panchayat
Prarambhi Shikshak (Niyojan evam Seva Shart Niyamwali), 2006
(hereinafter referred to as the ''Rules'')
Learned counsel for the petitioner submitted that
though there is no post of Urdu teacher in Nav Shirjit, Government
Primary School, Shampur Dhunia Toli. Learned counsel for the
petitioner submitted that though he possesses a degree of Maulvi, but
for passing the same, in addition to Urdu, Persian etc. the other
subjects were Hindi, English, Economics, Sociology as well as
Political Science. Learned counsel submitted that once he has studied
the other subjects also, his employment may not be restricted only on
the post of Urdu teacher and in fact, even Rule 6 does not debar
appointment on a general post and only clarifies the situation that in
Urdu schools, on the post of Urdu teacher, only people having Maulvi
degree can be appointed. Learned counsel submitted that even in the
school in question, the majority of the students are also students of
Urdu and thus, there is a requirement for the post of Urdu teacher, if
at all, the petitioner cannot be adjusted on a general post.
Learned counsel for the State as well as the Principal
Secretary, Education Department, Government of Bihar, took the
stand that the view taken by the Government, as of now, is a plausible
interpretation of Rule 6 read with Rule 8 which further bars the
appointment of a person having a degree of Maulvi on any other
general post. Learned counsel as well as the Principal Secretary,
however, submitted that what has transpired during the
discussions/arguments advanced in the present case, the Government
may consider the matter and if any modification/clarification is felt
necessary, the Government may be open to the same as it is
committed to take a non discriminatory stand.
Learned counsel for the petitioner, by way of reply,
submitted that even Rule 8 permits that persons having Intermediate
or equivalent qualification are entitled for appointment on a general
post as the qualification of Maulvi has been declared to be equivalent
to Intermediate, and thus, he should not be discriminated against.
Be that as it may, the Court, in the present proceeding,
is not inclined to go into the merits of the matter particularly as to
whether Rules 6 and 8 require interference or what may be a proper
and harmonious reading of the Rules. The Court also does not find
that the interpretation given by the Government at present is a
perverse view. Moreover, the Principal Secretary has fairly stated that
since the other interpretation has also come to light, the Government
would try to reconcile the Rules in a manner which is non
discriminatory, fair and reasonable.
In view of the aforesaid, the writ petition stands
disposed off with a direction to the Principal Secretary, Education
Department, Government of Bihar, Patna to take a final decision in
the matter in light of what has been discussed in his presence as also
what has been recorded hereinabove so that there is clarity and
fairness and no discrimination on the issue. It goes without saying that
in the event the petitioner is held to be eligible for consideration to the
general post, then the inter se merit of the petitioner and the
respondent no. 10 would be looked into for deciding as to who in law
is legally entitled to such post. Such decision shall be taken within
one month of the clarification at the level of the State Government.
The personal appearance of the Principal
Secretary, Education Department, Government of Bihar, Patna stands
dispensed with.