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Supreme Court of India 2022-05-05 dismissed

STATE OF BIHAR & ORS vs SHYAMA NANDAN MISHRA

Bench: 2 — K.M. Joseph, Hrishikesh Roy

In Brief

The Supreme Court upheld the High Court's judgment that +2 lecturers appointed under Advertisement No. 1/87 were always part of the Bihar Subordinate Education Service (BSES) cadre and entitled to merge with Bihar Education Service (BES). The Court found that official notifications and advertisements clearly designated their posts as BSES positions, and the reference to 'ex-cadre' in appointment letters was merely procedural. The Government's 2009 notification grouping them with nationalized school teachers was quashed as exceeding statutory authority and breaching their constitutional rights and legitimate expectations. The Court dismissed the State's appeal and gave six months for compliance with the High Court's orders.

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Constitutional Law Administrative Law Service Conditions Education Statutory Interpretation Legitimate Expectation Principle of Non-Discrimination

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