STATE OF BIHAR Vs. DIRECTOR, SECONDARY EDUCATION, HUMAN RESOURCES DEPARTMENT; RINA ROY; KUMARI PUSHPA; MANJULA KUMARI; REKHA SINGH; SHAIL KUMARI AND ORS

JUDGEMENT

(1.) The State of Bihar has preferred the present petition for reviewing the order, dated 16.10.2012, passed by a Division Bench of this Court in LPA No.1361 of 2001 (The State of Bihar and Others v. Smt. Rina Roy and Others).

(2.) By the order, under review, the Letters Patent Appeal, preferred by the State of Bihar against an order, dated 04.09.2001, passed in CWJC No. 1690 of 2001, came to be dismissed in the light of dismissal of the Special Leave Petition (Civil) No(s). 6369-6376 of 2005 by the Supreme Court, which were preferred by the State of Bihar against the judgment and order, dated 16.12.2004, passed by this Court in LPA Nos.439, 445, 446, 447, 1347, 1360 and 1435 of 2001.

(3.) From the grounds taken in the petition seeking review and the submissions made on behalf of the State of Bihar, it appears that the crucial point, which has been taken, in order to seek review of the said order of this Court, dated 16.10.2012, is that while dismissing the Letters Patent Appeals, preferred by the State of Bihar against the order, dated 04.09.2001, passed in CWJC No. 1690 of 2001, this Court referred to, and relied upon, earlier Division Bench decisions of this Court in L.P.A. Nos. 439, 445, 446, 447, 1347,1354,1360 and 1435, all of 2001 (State of Bihar and Others v. Chairman, Vidyalaya Sewa Board and Others), whereagainst the Special Leave Petitions (Civil) No(s). 6369-6376 of 2005, preferred by the State of Bihar, came to be finally dismissed by order, dated 28.08.2012. The Division Bench passed the order, under review, on the premise that cases of the private respondents herein were covered by the said decisions of the Division Bench in Chairman, Vidyalaya Sewa Board , which is factually incorrect. It is the definite and explicit case of the State of Bihar, in the present review petition, that LPA No. 439 of 2001 and other analogous appeals, including Chairman, Vidyalaya Sewa Board related to appointment on the post of teachers in two subjects, namely, the subjects of "Mathematics" and "Biology" on the basis of panel prepared by the Vidyalaya Sewa Board (hereinafter referred as the 'Board'), which panel did exist as on the date of the decision of this Court in LPA No. 439 of 2001 and other analogous appeals, whereas the appeal, out of which the present review petition arises, pertains to a panel prepared by the Board for the subject "Home Science", and that panel was cancelled on 17.05.2001, prior to the decision of this Court by learned single Judge vide order, dated 04.09.2001, passed in CWJC No. 1690 of 2001.