NESAR AHMED Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) All the petitioners, in these three Writ Petitions filed under Article 32 of the Constitution of India, are similarly situated. After getting the requisite training they have acquired the nomenclature of 'trained teachers'. They seek an appointments in the schools run by the Respondent-State of Jharkhand as assistant teachers. Some IAs filed by several similarly situated teachers for impleadment and seeking the same relief. It is for this reason that these petitions were conjointly heard.

(2.) The exact prayer, contained in Writ Petition (Civil) No. 173 of 2010, would give a glimpse of the nature of the case set up by these petitioners and the precise relief which these petitioners pray for. This prayer reads as under:

(3.) As is well known, the State of Jharkhand was created in the year 2000. Before that it was a part of the State of Bihar. All these petitioners belong to undivided Bihar vintage. They claim that they are qualified and trained teachers who acquired requisite qualification and underwent necessary training and thus became eligible to be considered for appointment as primary teachers in the schools run by the State Government as per the provisions of the Extant Rules on the subject. However, even when the Government was legally bound to appoint only the trained teachers, on the basis of an advertisement issued on 6.10.1991 by the Government of Bihar for filling up of 25,000 posts of Assistant Teachers, the State recruited 17,281 untrained teachers out of total appointments of 19,272 Assistant Teachers made in the said recruitment process. This selection was challenged by some persons by filing writ petition in the High Court of Judicature at Patna which was decided on 26.9.1996. The High Court did not quash the appointments already made, though at the same time it held that the State would not force a person to confine his application to a particular district. Against this order, Special Leave Petition No. 23187 of 1996 was preferred before this Court. In those proceedings an affidavit dated 14.8.1997 was filed by the Deputy Superintendent of Education, Bihar Government agreeing to appoint trained teacher against existing vacancies. Having regard to the averments made in the said affidavit, SLP was disposed of vide order dated 5.9.1997. This case is known as Ram Vinay Kumar & Ors. v. State of Bihar and Ors., 1998 9 SCC 227. The exact directions regarding appointment to the post of Assistant Teachers which were given by this Court are the following: