Banita Mohanty vs State Of Bihar

This case has been taken up today for consideration through Video Conferencing.

2 Heard learned counsel for the petitioners and the learned counsel for the respondents.

3 The Bihar Technical Service Commission has issued Advertisement No 8 of 2022 for appointment of Principals (Lateral Entry) in Nursing Training Schools/Institutions under the Health Department, Government of Bihar. The petitioners have assailed the advertisement. The petitioners are working tutors for the last about one year. It is submitted on behalf of the petitioners that Clause 3 of the Advertisement is contrary to the mandate of the Rules under which the selection is being made.

4 The relevant Rule being relied upon is the Bihar Nursing Teaching Cadre Rules, 2019 (for brevity 2019 Rules). It is submitted that there is violation of Rule 6 (2) (a) (b) and (c) of the Rules in the Advertisement issued by the Respondent-Commission. They are specifically aggrieved by Clause 3 of the Advertisement which reads as follows:

5 Mr Lalan Kumar appearing for the petitioners submits that the Advertisement, in so far as it allows participation of Principals working on deputation basis, is unsustainable. It is also submitted that the petitioners’ juniors will be getting an undue benefit and they will steal at March over the petitioners. It is also submitted that the Advertisement should not have been issued without determining the ratio of vacancies to be filled up by way of promotion and directly (lateral entry).

6 The learned counsel for the Respondent-Commission, on the other hand, submits that the Advertisement is in furtherance of, and as per the Rule provision as it exists. There is no infirmity in the Advertisement necessitating interference with the same.

7 This Court has considered the rival submissions as also the provisions contained in the 2019 Rules; as well as Clause 3 of the Advertisement which the petitioners claim is the offending clause. Bare perusal of the 2019 Rules makes it obvious that the post of Principal and equivalent (Assistant Director) is a promotional post and the qualification for appointment on this post is specified in the Explanation to Rule 12 of 2019 Rules which reads as follows:

“Provided that according to necessity, M Sc Nursing pass person (with three years teaching experience) or B Sc Nursing (Basic/Post Basic) pass person (with five years teaching experience) may be appointed on the post of Principal by direct lateral entry. The procedure of selection for lateral appointment shall be in accordance with the procedure enumerated in rule-6(2), Rule 7, 8, 9 and 10 shall be applicable to the Principal appointed by this procedure.”

8 The requirement, therefore, in terms of the Advertisement is 5 years teaching experience for those who are having B Sc in Nursing and three years teaching experience for those who are M Sc in Nursing. The 2019 Rules further provides that appointment to the promotional post, according to necessity, can also be done laterally, however, subject to the procedure prescribed under the enumerated Rules. The Rule does not specify requirement of any qualification for lateral entry, other than what has been prescribed for the purposes of promotion to the post of Principal under Rule 12.

9 From bare perusal of Clause 3 of the Advertisement, it is apparent that the requirement of teaching experience has been specified in the Advertisement. 5 marks are to be awarded for every year of teaching experience, subject to a maximum of 25 marks. The note below the table in Clause 3 of the Advertisement also specifies the requirement of minimum 5 years teaching experience for those having B Sc Nursing and 3 years teaching experience for those having M Sc Nursing. The Advertisement further specifies that those who are working either on contractual basis or on deputation as Principals since before are required to submit their teaching experience certificates on the prescribed format issued by the concerned Superintendent of the Medical College and Hospital and by the concerned Civil Surgeon. From Clause 3 of the Advertisement, it is apparent that the requirement of experience and educational qualification specified in Clause 12 of the 2019 Rules has been incorporated in the Advertisement as essential qualification, which are uniformly applicable to all. The submission of the petitioners’ counsel, therefore, that allowing a Principal who is working on deputation to participate in the selection process, in any way conflicts the provisions contained in the 2019 Rules or gives rise to any discrimination, does not find favour with this Court.

10 The second submission that Advertisement could not have been issued without deciding the ratio between the posts to be filled up by way of promotion and lateral entry is also without any basis. The Rule does not require such apportionment and clearly provides that according to necessity, the authority may resort to lateral entry. The Advertisement, so far as this submission is concerned, is also not in conflict with the 2019 Rules.

11 The third submission that juniors to the petitioners will in any way be getting any additional benefit giving rise to discrimination against the petitioners’ claim is also an unfounded apprehension. It is apparent that the educational qualifications, including the requisite experience of teaching has been incorporated. All those desirous of participating in the process of selection are required to conform to the requirements/qualifications.

12 The Advertisement, therefore, in the opinion of this Court, does not suffer from any infirmity as alleged by the petitioners’ counsel. There is no violation of 2019 Rules.

13 No case is made out for interference with the Advertisement.

14 Writ petition is dismissed.