Bihar +2 Lecturers’ Merger with BES: Supreme Court Verdict Explained

The Supreme Court of India, in a landmark judgment, addressed the long-standing dispute regarding the merger of +2 lecturers in Bihar with the Bihar Education Service (BES). The case revolved around the State of Bihar’s decision to exclude these lecturers from the merger, despite earlier commitments and pay scale parity with the Bihar Subordinate Education Service (BSES). The verdict reaffirmed the lecturers’ inclusion in BSES and directed the state government to provide them with all service benefits.

Background of the Case

The dispute originated in 1977 when Bihar’s government decided to upgrade 2465 teaching posts in the BSES to the BES cadre. However, in 1985, the government sanctioned new +2 lecturer posts in government and nationalized schools, stating that they belonged to the BSES. The recruitment process followed through Advertisement No. 1/87, and selected candidates were appointed. Over time, disputes emerged regarding their exact cadre placement.

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In 2006, the government issued a resolution merging the BSES with BES. However, it later excluded +2 lecturers, arguing that they were never a part of the BSES cadre. This led to multiple rounds of litigation, including challenges in the Patna High Court and subsequent appeals in the Supreme Court.

Arguments of the Petitioners

Representing the +2 lecturers, senior counsel Mr. Vinay Navare contended that their posts were explicitly created in the BSES, as mentioned in the 1985 notification and Advertisement No. 1/87. He argued that the “ex-cadre” term in appointment letters was merely a temporary measure to address concerns among secondary school teachers.

Furthermore, he pointed out that the Bihar Government Higher Secondary Schools (Service Conditions) Amendment Rules, 2009, which encadred +2 lecturers with secondary school teachers, was legally untenable. The +2 lecturers had always held superior qualifications and pay scales compared to secondary school teachers, making their grouping unjust and arbitrary.

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Arguments of the Respondents

The State of Bihar, represented by senior counsel Mr. P.S. Patwalia, defended the decision by arguing that the +2 lecturers were appointed to newly created “ex-cadre” posts and were never recognized within the BSES. It was further contended that these posts were sanctioned in 1985, years after the 1977 decision to merge BSES with BES. The state also claimed that since the recruitment of +2 lecturers was done through the Bihar School Service Board, their inclusion in the BES would disrupt seniority structures.

The Bihar Education Service Association, acting as an intervener, argued that incorporating +2 lecturers into the BES would unfairly impact the seniority of its existing members.

Supreme Court’s Judgment

The Supreme Court, in its judgment delivered by Justices Hrishikesh Roy and K.M. Joseph, dismissed the arguments of the State of Bihar. The Court observed:

• Advertisement No. 1/87 clearly mentioned that +2 lecturers were recruited under the BSES cadre.
• The government’s own notifications and finance department resolutions had ensured pay scale parity between +2 lecturers and BSES members.
• The state’s argument that +2 lecturers were “ex-cadre” was contradicted by multiple government documents that treated them as BSES members.
• The Bihar Government Higher Secondary Schools (Service Conditions) Amendment Rules, 2009, encadred +2 lecturers with nationalized school teachers unfairly, despite their higher qualifications and responsibilities.

The Supreme Court observed, “The encadrement through notification dated 23.06.2009 has frustrated the legitimate expectations of the respondents and was undertaken with the unfair aim to block the respondents’ promotion to key positions, particularly in the administrative wing of the Education department.”

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Key Takeaways from the Judgment

• +2 lecturers in government and nationalized schools, appointed under Advertisement No. 1/87, are part of the BSES and are entitled to be merged with the BES.
• The 2009 notification grouping +2 lecturers with nationalized school teachers was quashed.
• The Bihar government was directed to comply with the court’s ruling within six months.

The judgment reinforced the principles of fairness and legitimate expectations in service matters, ensuring that +2 lecturers receive their rightful service benefits within BES.

Petitioner Name: State of Bihar & Ors..
Respondent Name: Shyama Nandan Mishra.
Judgment By: Justice Hrishikesh Roy, Justice K.M. Joseph.
Place Of Incident: Bihar.
Judgment Date: 05-05-2022.

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