BIMLESH KUMAR PANDEY Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Petitioners are 23 in number and want quashing of Advertisement No. INST/01/2013, dated 19.9.2013, published in the daily newspaper Hindustan, by virtue of which application for appointment of 76 English Instructors for the Industrial Training Institutes in Bihar has been invited. In addition, they also want a direction from the Court to extend the tenure of the petitioners' service as English Instructors since their contract has expired on 31.3.2013. The reason for making such a prayer is that the present set of petitioners came to be appointed on contract basis on the basis of Resolution No. 1458, dated 3.7.2009 as Directorate of Employment and Training, Department of Labour Resources, Government of Bihar needed to fill up some vacant posts available in the various Industrial Training Institutes. The petitioners responded to the advertisement published on 14.8.2009, which is Annexure-2. Reading of the said advertisement would indicate that the appointment on the post of English Instructors was required to be made on contract basis. The contract was supposed to subsist for 12 months but it could be extended. or reduced in the wisdom of the respondents.

(2.) These petitioners found themselves eligible and made applications. It is their case that out of 76 posts, only 43 posts of English Instructors could be filled up. The appointments were made of the selected candidates on verification of their educational qualification, police verification as well as medical fitness. Annexure-4 is appointment letter.

(3.) After their appointment, they have been made to work like regular employees. They have given details of the various training programmes they had to undergo including the so-called eligibility test before extension of their contract for further period of 12 months.