IDRIS Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this group of 18 petitions under Article 226 of the Constitution of India, a common question has been involved. Therefore, they are being disposed of by this common order simultaneously.

(2.) SINCE the question involved is common, therefore, it would not be necessary to highlight all the facts of each case individually. However, let it be manifested that the question which is raised and placed in focus is as to whether the impugned orders passed by the District Superintendent of Education, Kishanganj, whereunder the promotions on the posts, as well as, the benefit in the higher scale given to the Assistant Teachers working in different schools in the District of Kishanganj were cancelled, are valid or not.

(3.) A counter affidavit has been filed on behalf of the respondent District Superintendent of Education, Kishanganj in one case being C.W.J.C. No. 10359 of 2004 which is adopted in all the cases at the time of submission, inter alia, contending that the orders of promotion to the Assistant Teachers were not legal as there was no recommendation of the District Education Establishment Committee. It is further contended that such orders of promotion to the higher posts, as well as, in higher scale were not regular and legal and, therefore, the impugned orders of cancellation of such earlier orders have been passed.