BIHAR STATE PRIMARY TEACHERS ASSOCIATION; JUSTICE AND HUMAN RIGHTS FORUM, ST XAVIER S Vs. STATE OF BIHAR

JUDGEMENT

(1.) There are two aspects of the matter. One is an issue in the petition. Plainly the petitioner, the Bihar State Primary Teachers Association, and other primary Teachers as are represented in the cases which have been noted above, submitted that the teachers training examination is scheduled for 17 April, 2004. They refer to annexure 10 which is an advertisement no. 11 of 2004 issued by the Bihar Vidyalaya Pariksha Samiti, Patna. The advertisement is dated 30 March, 2004 signed by the Secretary, Bihar Vidyalaya Pariksha Samiti. This advertisement was subsequently published in the newspaper "Dainaik Jagaram", annexure A/2 in I.A. No. 2112 of 2004 in C.W.J.C No. 6661 of 2003. This is one such advertisement dated 31 March, 2003.

(2.) The contention in the petition is, to the effect, that the constituents of the Bihar State Primary Teachers Association are also the employees of the State Government, on the pay roll of the Government and they had been appointed from time to time on compassionate ground which otherwise is a valid policy of the State Government. In the circumstances, they pointed out that in so far as the advertisement announced that only candidates selected by "Bihar Lok Seva Ayog" will be permitted to take the scheduled examination is concerned, this is a hostile discrimination.

(3.) In the circumstances, an issue has been made out of a non-issue and only for this purpose the matter should not linger. Whether the error in the advertisement is apparent or otherwise is clear to the naked eye. Learned A.A.G. II and learned Senior counsel appearing on behalf of the Bihar Vidyalay Pariksha Samiti sent for their respective Officers. The Chairman and the Secretary of the Bihar Vidyalay Pariksha Samiti are available to their counsel to give instructions. On the other hand, the Secretary, Primary Education is available to learned A.A.G. II for instructions.