ANIL KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) ALL these seven writ petitions shall be governed by this common judgment and order in view of common question of law raised by learned counsel for the petitioners. At the outset, it must be pointed out that detailed arguments were advanced only in CWJC No. 11980 of 2000 and the same has been adopted by counsel for the petitioners in other cases.

(2.) IN all these cases, the issue is whether this Court should issue appropriate writ to quash the impugned orders passed by the Director, Secondary Education, Government of Bihar, whereby and whereunder it has been held that the petitioners, who claim to be occupying class IV or Class III posts in various schools, are not entitled to continue in service because the appointments were made without following the prescribed procedure inasmuch as no advertisements were issued, no panels were prepared and the petitioners were appointed in illegal manner and allowed to continue by concerned District Education Officers till such illegality was detected in an inquiry held after giving opportunity of show cause to the petitioners.

(3.) IN CWJC No. 11980 of 2000, it was further submitted that case of the petitioner is almost identical to the case of the Abhay Kumar @ Abhay Kumar Singh, whose writ petition bearing CWJC No. 111 of 2001 was allowed by a single Bench of this Court by judgment and order dated 18.7.2003 against which the State preferred LPA No. 328 of 2004 which was dismissed by judgment and order dated 10.3.2004. However, it is noticed that the judgment of the Writ Court dated 18.7.2003 proceeded on the hypothesis that since the employee had worked for about 10 years hence, the issue of legality of appointment cannot be gone into.