NIL MADHAB DAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) These applications for initiating proceedings under the provisions of the Contempt of Courts Act essentially raises the question as to whether the opposite parties have violated any of the directions issued by this Court in CWJC No. 227 of 1988. It is, therefore, necessary to trace the history leading to the filing of the aforesaid writ application and the order passed thereon.

(2.) There existed about 2000 vacancies in the cadre of Assistant Teachers in various elementary schools in the district of Santhal Parganas. Pursuant to the advertisement issued for filling up those posts, candidates both trained and untrained matriculates made their applications and they were called for interview. A panel was drawn up which was approved by the Establishment Committee. The persons from the panel were appointed in batches. Subsequently an advertisement was issued in the local newspaper wherein it was indicated that all appointments of elementary teachers made during the tenure of Shri Hari Narain Jha, the then District Superintendent of Education would stand annulled. Several teachers who were affected by the aforesaid order approached this Court in Civil Writ Applications which were filed in the year 1988. This Court quashed the orders of termination but gave liberty to the Commissioner of Education to hold an enquiry by giving individual notices to the persons likely to be affected to show cause. About 600 teachers were given notice pursuant to the aforesaid observations of this Court and ultimately the appointment of several such teachers were cancelled by an order dated 18.3.1986 on the ground that there did not exist any panel and the so called letters of appointment on the basis of which several teachers claimed to have been appointed were forged one. The further finding was that the Establishment Committee had never approved the panel. It was also held that untrained hands could not have been appointed under the law. This order was assailed again in this Court in CWJC No. 227 of 1988 and a Bench of this Court disposed of the same on 11.8.1989. This Court observed that the opposite parties should proceed to take up the appointment of teachers of Elementary Schools of Santhal Pargana and Deoghar by inviting applications from the petitioners therein as well as other persons who have been removed and their case may be considered after relaxing the age limit and the matter may be reconsidered and if they satisfy the eligibility condition they may be selected and appointed.

(3.) The judgment of this Court in the aforesaid writ application was assailed in the Supreme Court in SLP (Civil) 11699 of 1990. The Supreme Court held, that the direction of the High Court to the State to hold a fresh selection has become final as the State has not come up in appeal against the said judgment. The Apex Court, therefore, upheld the order of this Court dated 11.8.1980 and observed that the selection process contemplated in the High Court's order should be worked out latest by the 30th June, 1991. It was also observed that in considering the suitability for selection the rules which were in force at the time the teachers were recruited would be taken into account and disqualification shall not be imposed on the basis of any altered rule. It was further observed that it would be open to the State to consider the claim of teachers who came after the altered rule in terms of the rules in force. The Education Secretary of the State of Bihar was directed to reply compliance of the direction to the Registry of the Supreme Court within two weeks of the outer limit of 30th June, 1991. The State Government intimated the fact that after working out the directions of the High Court given in CWJC No. 227 of 1988 which was affirmed by their Lordship of the Supreme Court in SLP (Civil) 11699 of 1990 only 81 persons were found entitled to be appointed and those 81 persons have been appointed.