NAND KISHORE OJHA Vs. ANJANI KUMAR SINGH

JUDGEMENT

(1.) This contempt petition has a background of alleged breach of an undertaking given on 18th January, 2006 and the order passed on the basis thereof on 23rd January, 2006, by this Court in SLP(C) No. 22882-22888 of 2004. The breach of such undertaking and disobedience of the subsequent order passed on the basis thereof resulted in the filing of Contempt Petition No. 207 of 2006 which was disposed of by an order dated 19th March, 2007, on the basis of yet another undertaking that trained teachers would be given priority in appointment as teachers.

(2.) At this stage, it would, therefore, be necessary to look into the background facts which resulted in the aforesaid orders and the undertakings given on behalf of the State of Bihar.

(3.) A number of writ petitions were filed against the State of Bihar raising issues relating to recruitment of teachers in primary schools. Apparently, the said issues had been resolved by this Court in its order dated 5th September, 1997 in Ram Vijay Kumar and Ors. v. State of Bihar and Ors., 1998 9 SCC 227. The directions given therein do not, however, appear to have been implemented by the State of Bihar. In fact, it was subsequent to a judgment of the Patna High Court dated 26th September, 1996 in Vinod Kumar and Ors. v. State of Bihar and Ors. CWJC No. 5765/94, which was affirmed by this Court, that a specific direction was given by this Court to resume the recruitment process as directed by the High Court. As would be evident from the judgment of the Division Bench of the Patna High Court dated 1st July, 2004, the State of Bihar made a futile attempt to explain the reasons for not implementing the orders passed by the High Court and this Court relating to recruitment of teachers in primary schools all over Bihar. Upon considering the explanation given, the Division Bench of the High Court directed the respondent- State of Bihar and its authorities to follow the judgment and directions given by this Court in Ram Vijay Kumar's case (supra) and also the judgment of the High Court affirmed by this Court in Vinod Kumar's case (supra).