2009 LAB. I. C. 2218 ::2009 (3) AIR Jhar R 372 ::(2010) 1 ESC 750 ::(2009) 6 ServLR 78

Patna High Court

Hon'ble Judge(s): Shyam Kishore Sharma , J

( A ) Bihar Secondary Education Board Act (25 of 1976) S. 64 — Bihar Zilla Parishad Madhyamik Evam Uchchtar Madhyamik Shikshak (Niyojan Evam Seva Shart) Niyamavali (2006), R-4 (Kha) (ii) — Bihar Nagar Nikay Madhyamik Ebam Uchchtar Madhyamik Shikshak (Niyojan Evam Seva Shart) Niyamavali (2006), R.4 (kha) (ii) — Appointment — Post of Teacher in Higher Secondary Schools of Zilla Parishad — Condition of minimum cut-off marks of at least 45% in post graduate degree fixed by Rule 4(kha) (ii) — Validity — In Higher Secondary Schools teaching was not at degree level and Teachers employed in Higher Secondary education were not required to impart teaching to degree students — Simply because student of Higher Secondary Level earlier used to study in degree colleges and they were taught by teachers having 55% in post graduate degree — Itself would not make provision ultra vires. (Paras12)

( B ) Bihar Secondary Education Board Act (25 of 1976) S. 64 — Bihar Zilla Parishad Madhyamik Evam Uchchtar Madhyamik Shikshak (Niyojan Evam Seva Shart) Niyamavali (2006), R-4 (ga) (ii) Bihar Nagar Nikay Madhyamik Ebam Uchchtar Madhyamik Shikshak (Niyojan Evam Seva Shart) Niyamavali (2006), R.4 (ga) (ii) — Appointment — Post of teacher in Higher Secondary Schools of Zilla Parishad — Proviso to Rule 4(ga) making relaxation in upper age limit for appointment of a teacher in trained category — Said relaxation was made in view of directions given by High Court and undertaking given by State Govt. before Supreme Court — It had not made relaxation in other category — That itself shall not render provision discriminatory or arbitrary since trained teachers constitute different class and at first stage of recruitment age relaxation had been made. (Paras13)