The Commis sioner took the view that under the executive directions regulations only trained teachers were eligible for appointment in both the categories while the untrained teachers, in exceptional circumstances, companyld be appointed against the reserved categories of Scheduled Castes, Sched uled Tribes, Urdu and Sanskrit only.
However, the Court did number quash the orders of termination but directed that in future selections, preference would be given to the petitioners.
The High Court was, however, of the opinion that the petitioners were number in any way responsible for the improper recruitment.
In the special leave petitions certain directions came to be issued by this Court on 7.2.1991.
The Court gave three months to the State for companypletion of the selection process in accordance with the directions of the High Court.
The outside limit during which the process was required to be companypleted was fixed as 30th June, 1991.
Thus, out of the untrained dismissed teachers numbering about two thousand, only about eighty one teach ers, it is alleged, were found to be qualified and their services were retained.
From the Judgment and Order dated 11.8.1989 of the Patna High Court in C.W.J.C.Nos.
The petitioners filed special leave petitions seeking quashing of the termination orders.
In other words, the Commissioner companycluded that those untrained teachers who did number belong to any of the aforesaid four categories but belonged to the general category were number eligible for appointment.
11699, 11700, 11098, 11654, 10190/90 and 429 of 1988.
CIVIL APPELLATE JURISDICTION Contempt Petition Nos.23640/91 263/91.
IN Special Leave Petition Nos.
The State of Bihar was directed that it should carry out the selection process for the retention of the services of those teachers who were qualified at the time of their appointment and that such of the teachers who were found qualified were to be taken back in the employment and were to be given full benefit of companytinued service irrespective of any break in service on account of the termination of the services.
1014, 1013,227,1365 ,red 1363 of 1988.
Services of some of the teachers were terminated.
Prashant Bhushan for the Petitioner, D. Sharma for the Respondent.
The Court also found that the orders served on the petitioners were violative of principles of natural justice.
The Judgment of the Court was delivered by S. ANAND, J. Shorn of details the circumstances giving rise to the filing of these petitions seeking certain direc tions and initiation of companytempt proceedings against the respondents are as follows The petitioners were at the relevant time working as primary school teachers in the State of Bihar.
The orders of termina tion were questioned before the High Court of Patna and a Division Bench of that Court vide judgment dated 11.8.1989 accepted the position that the services of the teachers had been terminated on account of improper and illegal recruit ment by the State.
