SHASHI KANT SAROJ Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioners and learned counsel for the State. High Court Of Judicature At Patna Versus Ram Kripal Prasad

(2.) THE petitioners hold B.Ed, qualification from the Bharatiya Siksha Parishad at Lucknow prior in time to the coming into force of N.C.T.E. Act on 17.8.1995. They applied in response to an advertisement for appointment on the post of Nagar Sikshak at Dumraon under the Bihar District Board Secondary and Higher Secondary Teachers (Appointment and Service Conditions) Rules, 2006. Non -consideration of their cases because of the Institution being allegedly not recognized compelled them to approach this Court in CWJC No. 14813/06 which was disposed on 31.5.2007 alongwith analogous cases. The Court declined to issue any positive orders, but on consideration of entirety of the materials placed before it with regard to the Institution in question, directed the respondent -State to take a conscientious decision at the State Government Level with regard to the Bharatiya Siksha Parishad at Lucknow after taking into consideration all the materials discussed in the judgment. As an interim measure, the case of the petitioners was required to be considered. Letters of appointment were issued to them on 8.11.2007. The order impugned dated 22.11.2007 then came to be passed by the respondents. The petitioners were terminated with effect from

(3.) ON bare perusal of the impugned order dated 22.11.2007, at Annexure -19, it is apparent that it has been passed by respondent No. 3 and not by the State Government. On this ground, the order stands vitiated per se.