LAWS(JHAR)-2008-10-96

DEYANAT HUSSAIN Vs. STATE OF JHARKHAND

Decided On October 20, 2008
Deyanat Hussain Appellant
V/S
STATE OF JHARKHAND Respondents

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 school in the light of the decision rendered in a case of Nand Kishore Ojha vrs. The State of Bihar and others (C.W.J.C No.13246 of 2003).

(2.) THE case of the petitioner is that prior to 1988, all the appointments on the post of teacher in the State of Bihar were being made on the basis of a panel prepared district wise of all the trained techers 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 training 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.) IN spite of such direction, when nothing was done by the State of Bihar, the matter was again agitated in a writ application, bearing C.W.J.C.No.13246 of 2003 (Nand Kishore Ojha vrs. The State of Bihar and others) when the matter was taken for hearing the State of Bihar was subjected to severe criticism on account of non -compliance of the order of the Honble Supreme Court passed in S.L.P No.23187 of 1996. However, the writ application was disposed of with a direction to the respondent to follow the judgment and direction given by the Honble Supreme Court in the case of Vijay Kumar and others vs. The State of Bihar and others in S.L.P (Civil) No.23187 of 1996 by considering the case of trained teachers for recruitment by selection or otherwise.