MD ZULFIKAR HUSSAIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioners in Civil Writ Jurisdiction Cases Nos. 3342 of 1978, and 5349 of 1978, have impugned the order of the District Superintendent of Education, Vaishali, as contained in Memo No. 6828-31, Hajipur, dated the 24th June, 1978, and, as the acts of the two cases are similar, they have been heard together and are being disposed of by a common judgment.

(2.) The petitioners were appointed as Primary School Teachers by the order of District Superintendent of Education, Vaishali vide Memo No. 965-68, dated the 24th June 1978, their appointments were cancelled. The petitioners have moved this Court under Articles 226 and 227 of the Constitution of India for a writ in the nature of certiorari to quash the said order of cancellation of their appointments.

(3.) It has been alleged by both the petitioners that they applied for their respective appointments in response to the advertisements made in this behalf, were interviewed along with other candidates by the District Superintendent of education, Vaishali, their names were included in the panel from which appointments were to be made, and, on being selected they were put in the appropriate scale of pay as Trained-Matriculate Teachers. After their appointments, they assumed their respective posts and were paid their emoluments for about two months and the order of cancellation of their appointments came as a bolt from the blue, as no notice whatsoever was ever served upon them and no opportunity was ever afforded to them to show cause as to why their appointments be not cancelled.