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, petitioner's 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.) THE aforesaid notice was challenged by the petitioners in CWJC No. 6029 of 1991 with a prayer that respondents be restrained from holding the re -interview. A Bench of this Court after hearing the concerned parties by order dated 13.9.1991 declined to stay the interview with a direction to the authorities to proceed to conduct the re -interview strictly in terms of the notice dated 5.9.1991 and only those candidates be permitted to appear, who had already appeared before the Selection Committee at the initial stage. Undisputedly, the respondents in compliance to the said order, prepared Fresh panel in order of merit and out of 259 candidates, previously appointed, only 155 could get place in the fresh panel in order of merit.