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Showing contexts for: bihar education code in Dr. Minni Kumari vs The State Of Bihar on 26 September, 2023Matching Fragments
Patna High Court No.20636 of 2021 dt.26-09-2023
19. Learned counsel submits that on a bare perusal of the orders passed by the Hon'ble Jharkhand High Court it would appear that in the said case it has been held that as per Rule 97 (xi) of the Bihar Education Code, the District School Inspectress was the competent authority for appointment of Assistant Teachers in the pay-scale of Rs. 50-90/-
20. It is further submitted that the charges levelled against the petitioners related to the periods of the year 1982 onwards, therefore, no proceeding under the Bihar Pension Rules could have been initiated against the petitioners. Reliance in this regard has been placed on the judgment of the Hon'ble Supreme Court in the case of State of M.P. v. Bani Singh reported in 1990 Supp SCC 738, State of Andhra Pradesh Vs. N. Radhkrishnana reported in (1998) 4 SCC 154, Union of India and Ors. vs. Kishorill Bablani reported in AIR 1999 SC 517 and P.V. Mahadevan v. Managing Director, T.N. Housing Board reported in (2005) 6 SCC 636.
1. APPOINTING AUTHORITY
(a) Inspectress of School Bihar G.O. No. I-D/306-58E-1 382 dt. 17.03.59 Bihar Education Code Rule 64 ( I & 3)
(b) Director Sec. Edu. Bihar Article 3 of BB Misc. Rules, 1958 Rule, Rule 796 of Bihar Education Code.
Notification 262 dt. 2.6.86
8. SELECTION COMMITTEE Bihar Education Code (Art. 64-3) Patna High Court No.20636 of 2021 dt.26-09-2023
(a) A Selection/ Establishment Committee with Inspectress of School Bihar as Chairman/Head assisted by 3-4 members shall be constituted for recruitment of LSS teachers
(b) Inspectress of Schools Bihar will issue Bihar Education Code (Art. 64-3) appointment letters under her signatures out of the select list approved by Director, Secondary Education.
(underline is mine)
41. As regards the procedures related to appointment what has been revealed in the inquiry report of the CBI are being taken verbatimly from the said report as under:-
"The enquiry has further revealed that the procedure related to the appointments of LSS teachers is governed by GO No.I-D-306-58E-1 382D dated 17.3.59 and Article 64 (1 & 3) of Bihar Education Code, Article 3 of BB Misc. Rules, 1958, Rule 796 of Bihar Education code and notification 262 dated 2.6.86 according to which Inspectress of Schools of Bihar and/or Director of Secondary Education, Bihar is the appointing authority of LSS teachers. Clause 2 of Article-64 of Bihar Education Code lays down that, in the event of an urgent and unforeseen vacancy, the Inspectress may make temporary appointment of a teacher without prior reference to the Director for a period not exceeding three months. In view of the aforesaid provision, only the Inspectress of Schools was empowered to make temporary appointment only for three months. In letter No. 8167 dated 21.6.66 issued by Secretary to the Government of Bihar, it is laid down that all recruitments to the vacancies to be filled up by the State Government will be channelised compulsorily through the Employment Exchange except the vacancies which were to be filled up on the recommendation of the Bihar Public Service Commission or by promotion or transfer or deputation specifically mentioning therein that the other source of recruitment will be tried only when the Employment Exchange concerned issues a non-availability certificate.