LAWS(PAT)-2004-7-128

NAND KISHORE OJHA Vs. STATE OF BIHAR

Decided On July 01, 2004
NAND KISHORE OJHA Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) These cases began with only one question asked by the Court: Why was the judgment of the Supreme Court in re Ram Vijay Kumar v. State of Bihar and Ors. not followed by the state government all these years. The judgment of the Supreme Court was given on 5 September, 1997. (1998) 9 SCC 441 (Sic227?) [1997 (1) PLJR (SC) 108]

(2.) The issue stands resolved by the judgment of the Supreme Court in re. Ram Vijay Kumar v. State of Bihar and Ors. (supra). The Supreme Court held in the concluding part of its judgment "The selection for which preliminary examination was held in December, 1996 shall be made by the Commission in accordance with the law laid down by the High Court.."

(3.) These cases have raised issues after the government of Bihar resorted to the recruitment of teachers to teach primary schools. The mess and confusion have been created by the State government itself. There is no reason for the State government to take issues in the matter relating to the appointment of primary school teachers. The Government of Bihar set about to appoint teachers after 14 years. It has landed itself into an unnecessary controversy. It has no other person to blame but itself for creating controversy when none existed.