YASHWANT SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Opening his arguments on behalf of the petitioners, Mr. Kanth, learned Senior Counsel for the petitioners, first of all gave some background facts. He submitted that vires of the Bihar Elementary Teachers Appointment Rules, 2003 fell for consideration before a Division Bench of this Court in C.W.J.C. No. 13246 of 2003 and other analogous cases, which, by judgment dated 1.7.2004 (Annexure-7), allowed the writ applications, held the said Rules ultra vires and quashed it and directed the State of Bihar to follow the judgment and directions of the Hon'ble Supreme Court in the case of Ram Vijay Kumar V/s. State of Bihar, 1998 9 SCC 227 and of this Court in Vinod Kumar & Ors. V/s. State of Bihar & Ors. [C.W.J.C. No. 5765 of 1994 disposed of on 26.9.1996] and to consider all trained teachers available for recruitment in elementary schools taking into account relaxation of age and, keeping in mind Bihar Education Code, particularly, Chapters 6 and 7 thereof. This order was challenged by the State of Bihar before the Hon'ble Supreme Court in SLP(C) Nos. 22882-22888 of 2004. In the SLP, later on the State of Bihar filed an application on 18.1.2006 for its withdrawal (Annexure-8) with an undertaking to comply the order of the Division Bench dated 1.7.2004. The Hon'ble Supreme Court allowed the application by order dated 23.1.2006 (Annexure-9) and disposed of the SLP in terms of the said application. However, the State of Bihar delayed in taking steps in terms of the Division Bench order and the said undertaking. Hence, Contempt Petition No. 207 of 2006 was filed before the Hon'ble Supreme Court in SLP(C) No. 22882 of 2004 in which the State of Bihar again filed a petition on 7.2.2007 (Annexure-10) giving fresh undertaking to implement the order of the Division Bench. Contempt Petition was therefore disposed of by the Hon'ble Supreme Court by order dated 19.3.2007 noticing the statements made by the State of Bihar in the petition. There was again delay by the State of Bihar in implementing the order. Hence, another contempt petition, namely, Contempt Petition (C) No. 297 of 2007 was filed in SLP(C) No. 22882 of 2004. In the contempt petition, Hon'ble Supreme Court passed orders on 9.12.2009 (Annexure-11). directing the State of Bihar to fill up the identified 34540. vacancies from amongst trained teachers, who were available in order of seniority and adjourned the matter for six weeks to enable the State of Bihar to implement the order and submit a report. The contempt petition was again taken up on 12.5.2010 and on that day further indulgence was granted to the State of Bihar for submission of compliance report (Annexure-12). State of Bihar, thereafter, framed a new Rule, namely, Bihar Special Primary Teachers Appointment Rules, 2010 (Annexure-13) for appointment of Primary Teachers in Elementary Schools and an advertisement, namely, Advertisement No. 210 of 2010 (Annexure-14) was published by the Bihar Staff Selection Commission inviting applications. Thereafter, Contempt Petition (C) No. 297 of 2007 was taken up by the Hon'ble Supreme Court on 19.1.2011 (Annexure-15) and the State of Bihar produced a list of applicants. In the list certain congruities were pointed out to Court. Hence, the State of Bihar was directed to bring out a fresh list within four weeks. However, in the fresh list filed by the State of Bihar also, Hon'ble Supreme Court found that the incongruities still remained. Hence, it allowed the petitioners and interveners to point out anomalies in the list and appointed Hon'ble Mr. Justice V.A. Mohta, a retired Chief Justice of Orissa High Court as Special Officer, in whose presence, it directed 2nd and 3rd stages of process to be completed in which objections were to be entertained and considered. However, later on, Hon'ble Mr. Justice V.A. Mohta showed his personal difficulty and recused himself from the responsibility. Hence, by order dated 24.2.2011 (Annexure-16) Hon'ble Supreme Court appointed Hon'ble Mr. Justice S.K. Chattopadhyaya, a retired Judge of Jharkhand High Court as a Special Officer in place of Hon'ble Mr. Justice V.A. Mohta.

(2.) The Special Officer submitted his report on 8.7.2011 (Annexure-17) in a sealed cover in Contempt Petition (C) No. 297 of 2007, which included names of 94,205 candidates in merit out of total number of 1,23,149 applicants. Thereafter, Contempt Petition (C) No. 297 of 2007 was taken up on 13.10.2011 and Hon'ble Supreme Court disposed of the same (Annexure-18) alongwith all Interlocutory Applications by a speaking order directing original roster and the seniority list, produced before it in sealed cover by the Special Officer, to be sent to the Human Resources Development Department, Government of Bihar for implementing the orders. Hon'ble Supreme Court observed that, since roster as well as seniority list were prepared in terms of its orders, "no Court shall entertain any other objections or applications with regard to the same". In the said order, the Hon'ble Supreme Court also gave its findings on certain issues raised by the parties.

(3.) Later on one fresh contempt application was filed in 2012, namely, Contempt Petition (C) No. 31 of 2012 in Contempt Petition (C) No. 297 of 2007 before the Hon'ble Supreme Court, which was disposed of by order dated 6.2.2012 (Annexure-19). Hon'ble Supreme Court did not find any contempt made out as it found that the order dated 13.10.2011 was in respect of the undertaking which had been given on behalf of the State of Bihar before the Court in respect of identification of 34540 posts, which were directed to be filled up in terms of the list prepared by the Special Officer appointed by the Court and accepted by all the parties. However, it observed that if the petitioners or any other applicant had any grievance in any other matter outside the reach, they were at liberty to move the appropriate forum for such relief.