DEVANAND ROY Vs. STATE OF BIHAR

JUDGEMENT

(1.) The two petitioners aspiring to be appointed as physics teachers in a middle school are aggrieved by an advertisement contained in Annexure -1 to the writ application which tends to exclude them on the threshold. The impugned advertisement issued by the District Superintendent of Education, Bhojpur at Arrah, invites application for the preparation of the waiting list for the year 1988 for appointment to the post of physical teachers in the selected middle schools of the district. The advertisement in question, inter alia, lays clown conditions that the applicant must be a resident of Bhojpur district or must have continuously resided in the district for the past ten years and that the candidate must have successfully completed C.P. Ed. course from a physical training college run by the Bihar Government.

(2.) The first of the aforesaid two conditions though equally arbitrary, does not seem to adversely affect the petitioners inasmuch as they appear to be the permanent residents of Bhojpur district and hence it is only the second condition which comes under attack in this writ application.

(3.) The impugned advertisement is said to have been issued on the basis of a Circular letter No. 197, dated 17.2.1981 issued by the Special Secretary -cum -Director (Primary), Bihar to all District Education Superintendents. Clause 5 of this letter directs that a session -wise list of the students should be obtained from the Principals of all Government Physical Training Colleges and a panel for appointment to the post of Physical teachers should be prepared on the basis of the lists thus obtained.