LAWS(PAT)-1998-7-67

PUSHPA DEVI Vs. STATE OF BIHAR

Decided On July 06, 1998
PUSHPA DEVI Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) HEARD the learned Counsel for the appellant and the J.C. to the Government Pleader No. II for the respondents.

(2.) THE petitioner -appellant filed C.W.J.C. No. 1268 of 1972(R) seeking appropriate writ directing the respondent to appoint her in one of the posts of Sanskrit Teachers in Primary School in the district of Dhanbad. Incidental and consequential reliefs in connection therewith have also been claimed. The said writ petition having been dismissed, the appellant has filed this appeal.

(3.) IN this State, district -wise panels for appointment of assistant teachers in primary schools on the basis of residence of the candidates in the particular district were prepared. A Division Bench of this Court in Anil Kumar V/s. State of Bihar and Ors. 1987 PLJR 846, has declared such panels to be ultra vires being unconstitutional. But the appointments already made were not disturbed by this Court. Following the said decision of this Court, the Government of Bihar issued an order dated 2.7.1989 prohibiting any further appointments from such panels and further directed for fresh selection after due advertisement. The above order of the Government was challenged by various persons before this Court by filing several writ petitions. These writ petitions were dismissed. The decision of this Court was challenged before the Supreme Court, whose decision is reported in 1994(1) PLJR 62(SC) Sabita Prasad and Ors. V/s. The State of Bihar and Ors.