VIJAY KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE dispute in these four writ petitions, which have been heard together, relates to appointment of Biology Teachers in the Secondary Schools in the State of Bihar. The facts giving rise to the dispute are as follows.

(2.) ADVT . No. 1/88 was issued by the Vidyalaya Sewa Board, Bihar (in short 'the Board '), inviting applications for appointment of Assistant Teachers in as many as 12 subjects including Biology pursuant to the requisition by the Director, Secondary Education dated 9.3.88. The number of vacancies in the Biological subject, with which (sic -we ?) are concerned in these cases, was mentioned as 400. On 15.2.90 a panel of 395 successful candidates was sent by the Board after interview etc. On 20.2.91 the Director informed the Board that the panel had been cancelled on the ground of irregularities. The Board was directed to send fresh panel. Those who had already applied pursuant to the earlier advertisement were not required to apply again. Further, those who had become age barred were to be treated as eligible. It is relevant to state here that the panels for other subjects prepared pursuant to several advertisements, mentioned in the said communication dated 20.2.91, were also cancelled; so far as Advt. No. 1/88 is concerned, the panel for Biology subject alone was cancelled. On 29.4.95 fresh advertisement was issued in continuation of Advt. No. 1/88. Two deviations however were made from the directives contained in the communication dated 20.2.91 -the intending candidates were asked to apply afresh without paying any examination fee in the form of postal order, and secondly, untrained candidates were also permitted to apply contrary to the earlier advertisement as per which only trained candidates were eligible to apply. It is relevant to mention here that while petitioners of CWJC No. 9259/2000 applied pursuant to the earlier advertisement i.e. Advt. No. 1/88, the petitioners of other three writ petitions applied pursuant to the fresh advertisement dated 29.4.95. After interview etc. which took place between 19.12.97 and June 1998, the Board sent panel of successful candidates on 7.10.98. The grievance of the petitioners is that despite passage of two years ' time no appointment has been made from the panel.

(3.) THE Board has challenged the stand of the State to the effect that the panel was sent by it in defiance of the Government order. It has been stated that the Government order contained in letter dated 4.11.93 (supra) related to subjects Physics, Chemistry, Mathematics, Biology, Economics, Physical Education, Bengali, Maithili, Domestic Science and Civics. The fact of the matter however is that from the similar panels sent by the Board appointments were made in other subjects except Biology. The ground on which the Government asked the Board not to send panel therefore was apparently not well founded. As regards the number of recommended candidates being more than number of reported vacancies and roster clearance, it has been stated that these are matters to be sorted out at the Government level because it is open to the Government to make appointments only against the available vacancies keeping in view the roster points. Till date, the Government has not informed the Board regarding the backlog vacancies in different categories of reservation in Biology subject as per the new reservation policy. Regarding return of the panel dated 7.10.98 on 2.11.98 it has been pointed out that the same was done in view of complaints making omnibus allegations against the selection, without making any verification; in fact, even without opening the envelopes, which is apparent from bare perusal of letter dated 2.11.98 (supra) bearing no. 3075.