- (1.) These appeals have been filed challenging the common impugned order dated 17.11.2009 passed by the Patna High Court allowing the writ petitions in CWJC Nos. 5129/2009 and 18039/2009 filed by the respondents herein and directing the appellant-State of Bihar to redo the entire selection process for the post of Librarian considering the case of the respondents also and further restraining the State from issuing appointment letters to other selected candidates.
(2.) Brief facts giving rise to these appeals are as under:- State of Bihar framed Bihar District Council, Secondary & Higher Secondary Teacher (Employment & Service Conditions) Manual 2006 under Article 243G and Section 73 read with Section 146 of Bihar State Panchayat Raj Act, 2006. Rule 4(k) (vii) (a) of the said Rules was amended in 2008. The said amendment prescribes an essential qualification for appointments of teachers and librarians in the schools and also regulating appointments. As per amended Rule 4 for appointment as teachers/librarians, the candidates must possess the graduation degree from any recognized university with minimum 45% marks. An advertisement bearing No.11/employment1-13/91(Part-II)-1337 dated 25.08.2008 was issued by Government of Bihar, Human Resources and Development Department for appointment to the post of Librarian and Teacher in different schools under Zila Parishad and Nagar Nikaya in the State of Bihar. The said advertisement specifically referred to Recruitment Rules 2006 although the qualification or eligibility criteria was not specifically mentioned.
(3.) Respondents herein applied for the posts of Librarian. After the advertisement was issued, the Department issued order No. 11/Ma.1- 01/2008 on 27.08.2008 containing exhaustive list of twenty eight colleges/universities/degrees that were not then recognized by the Government of Bihar for the purpose of the Recruitment Rules 2006 and the advertisement dated 25.08.2008 and those degrees were not valid for employment of teachers. The Department issued another Order No.11/M- 44/2008-1968 (Annexure P/5) on 25.11.2008 declaring that the degree of Sahityaalankar awarded by Deoghar Vidyapeeth is not valid for employment. The State Government issued a letter dated 27.07.2007 clarifying the stand of the State regarding the degree of Sahityaalankar awarded by Vidyapeeth Deoghar is not equivalent to degree of graduation for the purpose of appointment under Bihar Education District Council, Secondary and Higher Secondary Teachers (Employment/ Services) Rules 2006. The letter dated 27.07.2007 was subject matter of challenge in Writ Petition No. 15237/07 titled Pramod Paswan vs. State of Bihar and in the said Writ Petition, the State was directed to take a fresh decision on the same. The State Government examined the matter and vide Memo No. 11/M-44/2008-1968 dated 25.11.2008, it was declared that the degree of Sahityaalankar awarded by Deoghar Vidyapeeth is not valid for employment. On 13.12.2008, the Government of Bihar, Human Resources Development Department, issued letter No.11/Na.1-9/2008-2053 wherein inter alia it was specifically mentioned that the degree of Sahityaalankar awarded by Deoghar Vidyapeeth cannot be attached to merit list of candidates.;