STATE OF BIHAR Vs. SURENDRA PRASAD

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) On the.basis of an advertisement published in 1985, a panel of candidates was prepared for appointing persons from that panel to the posts of Assistant Teachers in Siwan District for the purpose of teaching in Primary Schools. The advertisement in question which was the forerunner of preparation of the said panel restricted participation of candidates in the selection process. Similar was the case in other districts. From the panel, appointments were given. On 1st March, 1989, the Government stayed appointments from such panels. On 2nd July, 1989, the Government cancelled those penels. The above steps were taken by the Government in view of the judgment rendered by a Division Bench of this Court in the case of Anil Kumar V/s. Chief Secretary to the State Govt. of Bihar,1987 PLJR 846, where the advertisement was published and the panel was prepared in the similar fashion, but in relation to a different district. In the case of Anil Kumar , this Court declared that the panels prepared on the basis of residents of a particular District is violative of Articles 14 and 16 of the Constitution of India. The Court, however, did not disturb the appointments which were given by then. In that background the Government by the order dated 1st March, 1989 stayed further appointments from the panel and ultimately on 2nd July, 1989, the panels in question were cancelled. As a result, the panel prepared for the District of Siwan stood cancelled.

(3.) In Birendra Kumar Shrivastava & Ors. V/s. State of Bihar & Ors., (CWJC No. 4843/1988), decided on 5th November, 1990, a group of people, who were in the panel prepared for the District of Siwan unsuccessfully challenged the decision of the Government staying appointments from the panel and cancellation of the panel. While considering the said writ petition, by the judgment and order dated 5th November, 1990, a Division Bench of this Court also quashed all appointments granted from the panel prepared for the District of Siwan. The people, who had been appointed from the said panel, but, who lost their appointments by reason of the said judgment of this Court rendered in Birendra Kumar Singh's case , approached the Hon'ble Supreme Court when the Hon'ble Supreme Court in Sabita Prasad V/s. State of Bihar & Ors., 1994 1 PLJR 62 SC, neither interfered with the judgment and order rendered in Birendra Kumar Shirvastava, nor disturbed the orders of the Government dated 1st March, 1989 and 2nd July, 1989.