NIRMAL KUMAR JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is Letters Patent Appeal filed to challenge the order dated 8-12-1994 on C.W.J.C. No. 5811/91, Nirmal Kumar Jha and Ors. v. The State of Bihar and Ors., The appellants seek appointment as Elementary and/or Primary School Teachers. By the writ petition they sought a writ of certiorari to quash the order of the Director, Primary Education, Government of Bihar rejecting their representation claiming appointments on the post of teachers in elementary and/or primary schools. All things are considered. The operative portion of the judgment of the learned Judge is relevant. This is reproduced.

(2.) This Court has heard learned Counsel for the appellants and learned Counsel for the State (S.C.IV). At present the relief received by the appellants is to the effect that they would be entitled to apply for consideration for appointment under the new Rules as and when the vacancies arise consequent upon an advertisement and should the occasion arise the State Government may consider the question of relaxation of age bar in suitable cases so as to minimise their hardship.

(3.) In so far as the merits of the matter are concerned, the contention of the appellants is to the effect that there were others who had received condonation of age at the time when they were being interviewed. The appellants have given specific instances with names of the incumbents and also their date of birth. Unfortunately the statement of fact made by the appellants has not been denied affirmatively in the counter-affidavit. In fact, the pleadings have been evaded. Thus appellants claim discrimination and desire that in similar circumstances they be considered also.