MADHURI KUMARIAND RENU KUMARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) In these two writ petition. The petitioners have prayed for quashing the order dated 7.11.1994 passed by the Director, Secondary Education. Government of Bihar, Patna, by which their services has been terminated.

(2.) The petitioners' case is that in the year 1991, the Director Secondary Education, Bihar, Patna, vide letter dated 20.04.1991 and the School Inspectress-cum-Deputy Inspectress of Schools, Bihar, Patna vide letter dated 4.10.1991 directed for appointment of teachers in the Government Girls Middle School, Chatra (In short "School") after performing all the procedures and norms of appointment in accordance with law. Pursuant to that direction the District Inspectress of School, Hazaribagh, vide letter dated 21.1.94 invited applications from the matric trained lady candidates for appointment on the post of teachers in the said School. It is stated that the petitioners applied for appointment along with other candidates and after complying all the recruitment rules including the written test and interview, a final select list was issued vide office order dated 20.3.92 under the signature of District Inspectors of School appointing the petitioners on the post of teachers in the said School.

(3.) It appears that Deputy Commissioner, Hazaribagh on the basis of complaint made by other candidates issued a letter dated 2.9.1992 directing the District Inspectress of School not to take work from the teachers so appointed till further order from the Government. In pursuance of the said order Headmistress of the School terminated the services of the petitioners vide letter dated 3.9.1992. The petitioner approached this Court against the aforesaid order of termination by filing CWJC No. 2906/92(R). In the said writ petition, the respondents appeared and contended that the appointment of the petitioners was not in accordance with recruitment rules and the services have been rightly terminated. The writ petition was disposed of in terms of letter dated 7.4.93 with a direction to the petitioner to approach the Director Secondary Education in respect of their grievances and the Director in turn will consider the case of the petitioners and pass appropriate order in accordance with law. The petitioners accordingly approached the Director, Secondary Education by filing representation. The Director, Secondary Education after considering the representation of the petitioners and after giving them reasonable opportunity of hearing rejected the representation holding that the appointment itself was in violation of the rules and the procedures. Accordingly the Director issued an order of termination of services of the petitioners. The said order of the Director is impugned in this writ petition.