ASHOK KUMAR PATHAK Vs. STATE OF BIHAR

JUDGEMENT

(1.) Four petitioners have filed this writ application for a direction to the respondents to appoint them on the post of Instructors (Vocational Education) in Government +2 Schools on the basis of their selection made pursuant to an advertisement published in the newspapers on 25.12.1991. Petitioners have also prayed for holding the Ordinance No. 18 of 1993 promulgated with effect from 27.4.1993, named as Scheduled Castes, Scheduled Tribe and other Backward Classes) (Second Amendment) Ordinance, 1993, as ultra vires, as it made the provisions of the Ordinance retrospective in operation affecting the rights of the petitioners to get appointment on the basis of completed selection process for appointment on the post of Instructors.

(2.) This writ application was filed on 21.7.1993. However, when the case was taken up on 14.12.1993, learned Counsel for the petitioners stated that he would not raise the question of validity of the said Ordinance for the time being. Since it appeared to this Court that the Ordinance was under challenge with some other matters, the case was adjourned. Case was finally admitted for hearing on 16.5.1994 and it was ordered to be listed on 11.7.1994. When the case was taken up by a Division Bench on 13.12.2001 for hearing, learned Counsel for the petitioners drew the attention of the Court towards order dated 14.12.1993 which had noticed the stand of learned Counsel for the petitioners that he was not going to challenge the validity of the said Ordinance. Hence, the Division Bench directed the case to be placed before an appropriate Bench. Therefore, the case has been listed before a single Bench and finally heard by this Bench.

(3.) Case of the petitioners is that an advertisement was issued by the Vidyalaya Seva Board on 25.12.1991 (Annexure-2) inviting applications for selection and appointment on the post of Instructors in Vocational Education in different trades. Last date of submission of applications was 31.1.1992. Petitioners applied in time and they were issued interview letters. Between 19.8.1992 to 10.9.1992 petitioners appeared in the interview for the respective trades they had applied. After completion of the interview, Vidyalaya Seva Board prepared select list some time in December, 1992 and forwarded the same to the State Government. The Appointment Committee met on 8.4.1993 to consider the names recommended by the Board and decided the place of postings of the candidates. A copy of the proceedings of the said Appointment Committee dated 8.4.1993 is annexed as Annexure-5 to the writ application. Names of four petitioners figure in the list and their place of postings are also indicated. It is contended that petitioner Nos. 1 and 2 belong to economically backward category and petitioner Nos. 3 and 4 belong to female category. However, inspite of assignment of posts to the petitioners by the Appointment Committee, appointment letters were not issued to them. Therefore, they have moved this Court.