DEYANAT HUSSAIN AND ORS. Vs. STATE OF JHARKHAND THROUGH ITS SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF JHARKHAND AND ORS.

JUDGEMENT

(1.) This writ application has been filed for a direction to the authorities to consider the case of the petitioners, all trained teachers waiting for their appointments for more than a decade on the post of teachers in the primary schools in the light of the decision rendered in a case of Nand Kishore Ojha Vs. The State of Bihar and Ors. CWJC No. 13246 of 2003.

(2.) The case of the petitioner is that prior to 1988, all the appointments on the post of teachers in the State of Bihar were being made on the basis of a panel prepared district wise of all the trained teachers but the Government of Bihar in the year 1991 gave good-bye to the existing rule by issuing notification dated 5.3.1991 wherein eligibility of trailing for appointment to the post of teachers was dispensed with and accordingly, invited applications even from untrained teachers for the appointments on the post of teachers in primary schools.

(3.) Some of the person possessing teaching qualification, being aggrieved with that decision, filed a writ application before the Patna High Court assailing process of selection of the Bihar Public Service Commission on the ground that the decision of district wise selection is not fair and the Court having accepted the submission held that the eligible candidates have a right of consideration for the appointment in anyone or other district cadre of Assistant Teachers and the State could not force a person to confine his application for a particular cadre. But the Patna High Court did not set aside the process of selection. Subsequently the appointments were made on that basis. However, the said decision was challenged before the Honourable Supreme Court in SLP (Civil) No. 23187 of 1996 wherein it was placed that out of 25,000 posts advertised for the appointments of teachers in primary school, 19,272 persons have already been appointed as Assistant Teachers in various schools and out of them, number of trained teachers were 1991 whereas 6.000 posts remained vacant. The Court having considered the pros and cons of the case, disposed of special leave petition with certain directions, some of them which is relevant for the purpose of decision of this case is being quoted herein below: