BIBHA KUMARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN these three Writ Petitions, primal challenge is with regard to the validity of the panel prepared on the basis of re -interview for appointment of Assistant Teachers in Government Basic Schools, as was held in between 16.9.1991 to 20.9.1991. and also the order of the Director, Primary Education, Government of Bihar, dated 6th December, 1993, issued under Memo No. 964 and the consequential order of the Regional Deputy Director of Education dated 18th December, 1993 vide Memo No. 5167, whereby and whereunder, petitioners services were terminated.

(2.) FROM the somewhat voluminoun pleadings of the parties as well as the judgment of this Court in CWJC No. 6029 of 1991 and analogous cases, it emerges that on 7.6.1989 under the orders of the Director. Primary Education, advertisements were published In daily newspaper for appointment to the posts of Assistant Teachers in Government Basic Schools from amongst the candidates, holding minimum qualification of Matric trained. Uhdisputedly, petitioners including contesting respondents and large number of other candidates applied for such posts. The interview was conducted by a duly constituted Selection Committee in between 28.11.1989 to 30.11.1989 and in total 1286 candidates appeared. Thereupon under the orders of the Director, Primary Education, the panel prepared by the Selection Committee was approved and letters of appointment were issued in favour of 259 candidates, including the petitioners sometime in the month of February, 1990.

(3.) ON 19.5.1990, Special Director, Primary Education, having received complaint regarding large scale of bunging and irregularities in preparation of the panel and appointment to the posts of Assistant Teachers, by his order dated 19.5.1990 stopped payment of salary until the allegations were finally enquired into. Some of the petitioners feeling aggrieved by the decision of the Special Director, filed CWJC No. 8238. of 1990 for a direction to the authorities to make payment of salary. The Writ Petition was ultimately disposed of on 27.6.1991 with an observation that representation filed on behalf of the petitioners with regard to their grievances regarding non -payment of salary, be finally considered within a period of two months from the date of receipt of the order. A liberty was of course given to the petitioners to move another Writ Petition in case the representations were not considered favourably. It is stated while the representations of the petitioners were still while consideration, by the order of the Director. Primary Education, contained in Memo No. 709 dated 30.8.1991, a decision was taken to cancel the panel and consequent thereto, on 5.9.1991 a notice was published in the daily newspapers, calling upon only those candidates, who had initially appeared at the interview held in the month of November, 1989, to appear before the Selection Committee for re -interview with their educational certificates and other papers, as detailed in the notice.